Welcome to Sports Connection Gear LLC
TERMS OF SERVICE
This Terms of Service sets forth the general terms and conditions for the products and services you purchase or use from Sports Connection Gear LLC (“SCG” or “us”) including when you are buying products and merchandise through a store offered through us (a “store”), or simply checking out our website. It applies to your use or purchase of SCG’s “services,” which include, for example, this website (www.sportsconnectiongear.com), webpages on stores (whose URL will end in either .itemorder.com or .sportsconnectiongear.com), and our customer support. If you are using our services on behalf of a company, the Terms of Service apply to you, your company, and your company’s employees, representatives, successors, and assigns.
1. By using our services, you accept the Terms of Service. We will change them occasionally, so make sure you stay up to date.
Make sure you read everything in the Terms of Service before you use our services. You are legally bound by the Terms of Service each time you use our services, even if the Terms of Service have been updated since you last read them.
Please do not use our services or even browse our website or any store if you disagree with any part of the Terms of Service, including, for example:
- the waiver of your right to a jury trial or court resolution to a dispute(see Section 18 for more);
- the requirement to resolve disputes with us in arbitration(rather than, for example, by suing us in court) (see Section 18 for more);
- the prohibition of class action lawsuits against us(see Section 18 for more); and
- the one (1) year time period you have to sue us under the Terms of Service(see Section 18 for more).
We may update the Terms of Service at any time. When we make significant changes to the Terms of Service, we’ll update the date at the top of this page. Your continued use of our services following the posting of an updated Terms of Service means that you accept and agree to the changes, so please check this page occasionally to make sure that you are up to date. A version of the Terms of Service becomes effective when it is first posted on our website. The current Terms of Service supersede anything we may have already discussed or agreed to with you about our services.
2. By using our services, you are warranting certain information about yourself and how you will act.
By using our services (for example, this website or a store), you represent and warrant that:
- You are 18 years of age or older or the parent or guardian of a minor who you are authorizing to use our services;
- You understand and agree that the Terms of Service are a legally binding agreementand the equivalent of a signed, written contract;
- If you are a representative of a business or company, that you are authorized to bind the business or company to the Terms of Service;
- You will provide only true, accurate, complete, and current information to SCG;
- You are not a resident of the European Economic Area (EEA); and
- You will abide by the Terms of Service.
3. Minors under 18 are not allowed to use this website or browse stores.
Our services are not intended for use by minors. If you are under 18 years of age, you are not authorized to use our services.
4. You do not own our website. Our website is our valuable intellectual property.
Our website, all the content, code, data, works of authorship and materials on our website, the look and feel, design and organization of our website, and the compilation of the material on our website (collectively referred to as “our content”) are protected by U.S. and international trade secret, copyright, trademark, and other laws. SCG and its licensors own, solely and exclusively, all rights, title and interest in and to our website and our content, including, for example, all intellectual property and proprietary rights. Your use of our website or our content does not grant you any ownership in any of it.
SCG owns (or licenses the right to use) all trademarks, logos, service marks and trade names (collectively referred to as “our trademarks”) displayed on our website. To use any of our trademarks, you must have our written permission (or the written permission of the actual owner of the trademark, if they license it to us).
SCG will let you access, display, and use our website as long as you continue to comply with the Terms of Service. This right is granted solely to allow you to use our services as permitted by the Terms of Service. You agree not to remove, alter or obscure any proprietary notices provided in or with our website’s content.
5. The Terms of Service grant SCG significant rights.
SCG has the following rights:
- To decline to offer you our services for any reason or no reason, in our sole discretion.
- To suspend, limit access to, limit the use of, or terminate any account, in our sole discretion.
- To reject, cancel, interrupt, remove, or suspend any store at any time and for any reason.
- To change or alter our website, the form and nature of our website or any services provided through our website, including requiring payment for some or all uses of our website, at any time.
- To review, modify, filter, disable, delete and/or remove any and all content and information from our website or from a store.
- To update and download automatically any software provided on or through our website.
- To cooperate, in accordance with applicable law, with any law enforcement, court or government investigation or order or third-party requesting or directing that we disclose content or information that you provide.
- To terminate, change, upgrade, suspend, limit, or discontinue any aspect of the services, including, for example, content, features, hours of availability or equipment required for access.
You agree that the foregoing are rights of, but not obligations of, SCG and that SCG may, but is not obligated to, exercise any of these rights.
6. Don’t do things that will violate the law or the Terms of Service.
You may use our website and our services only for lawful purposes, and you are solely responsible for ensuring that you do so. SCG does not review or take responsibility for any information that you, or other users, may create, transmit, post, store, distribute, display or present using our website or our services.
Do not use our website or our services for any of these things:
- Don’t breach any contract or legal duty you have toward anyone.
- Don’t infringe or violate anyone’s trademarks or other intellectual property rights.
- Don’t offer any products or services that are illegal under any applicable laws or that violate any of SCG’s policies.
- Don’t spam people or send them any other junk mail.
- Don’t bypass any measures we’ve put in place to secure our services.
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of our website.
- Don’t falsely state or imply that SCG sponsors, endorses, or is otherwise affiliated with you or your content.
- Don’t violate or infringe anyone’s privacy rights.
- Don’t use, modify, collect, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of our content, in whole or in part, for any purpose.
- Don’t frame or use framing techniques to enclose our website or any part thereof.
As provided in Section 5, we may immediately remove materials that violate the prohibitions above, stop your use of our website, and/or remove your account, among other things. We may cooperate with any law enforcement authorities or court order or subpoena or third-party requesting or directing us to disclose the identity of anyone posting such materials.
7. We use a third party to process your payments and financial information. SCG is not liable for the third-party payment processor’s actions.
Your payments will be processed through Stripe, Inc., Intuit Quickbooks, or through another third-party payment processor. Payments may not be processed for certain activities such as illegal or other prohibited activities.
Your relationship with a third-party payment processor is separate from your relationship with SCG and may be governed by the terms and conditions contained in the processor’s agreement. SCG is not responsible for the actions or omissions of any third-party payment processor.
9. If you are a customer shopping in one of our stores, these terms apply to you in addition to the Terms of Service.
- You’re charged as soon as you place an order. Even though your order may be delivered weeks or months after the fact, your credit card will be charged immediately. See Section 7 for how your payments are processed.
- If you have questions about your order, contact SCG at firstname.lastname@example.org.
- The delivery date listed on a store, if provided, is SCG’s estimate of when we will deliver your order — not a guarantee.
- Unless otherwise specified, products offered by us through one of our stores, through our website, or directly to you are custom decorated following your request to purchase such products. Because we custom-decorate each item, there are NO RETURNS, REFUNDS OR EXCHANGES of any custom-decorated products by SCG.
- By placing an order and providing your mobile number to us, you agree that we may contact you by text messaging if we have questions about or issues with a specific order you have placed. Standard messaging and data rates may apply. We will NOT contact you via text messaging for marketing or any other purpose.
10. Your use of any services provided by third parties is separate from your use of our services, so use them at your own risk.
Occasionally, as we think it may be helpful to you, we may suggest or incorporate third-party services (“third-party services“) provided by third parties (“third-party providers“) into our services. For example, we may connect you with shipping, payment, and fulfillment services via third-party providers. Sometimes we will collect a fee from these third-party providers in connection with their third-party services.
Your use of any third-party services will be governed by the terms of service of the third-party provider of the third-party services and is at your own risk, so please proceed carefully if you decide to use them.
We cannot and do not make any promises or warranties about the quality of third-party services. You acknowledge that SCG has no control over third-party providers and so we will not be liable to anyone for problems with third-party services. The availability of third-party services on SCG’s websites or stores the integration of such third-party services with our services does not mean SCG endorses, authorizes, or otherwise takes responsibility for the actions of any third-party providers.
Our liability is limited to you for your use of third-party services as provided in Section 17 below, and you agree to indemnify us for issues with third-party services as provided in Section 15 below.
11. You must abide by laws that control what sales can take place with persons outside of the U.S.
United States export control laws govern your use of our services. These laws apply to you and your use of our services regardless of whether you actually reside in the U.S.
You may not use our services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the U.S., but illegal to export. You may not use our services to offer or provide services to end customers with whom U.S. citizens may not do business.
Additional information about U.S. export laws may be obtained from the United States government’s portal to exporting and trade services at the following website: https://www.export.gov/Legal-Considerations.
12. If you are a resident of the European Economic Area (EEA), our services are not intended for your use.
We do not knowingly collect information from any residents protected by the European Union (EU) privacy and data security laws and are not certified by the EU to transfer or protect information of residents of the EEA according to EU laws and regulations. THEREFORE, IF YOU ARE AN EEA RESIDENT, PLEASE DO NOT USE OUR WEBSITE.
13. If you come to our website from another website, or if you click any links on our website to another website, you do so at your own risk.
You may be able to link from our website or stores to third-party websites and third-party websites may link to our website or stores (in both cases, referred to as a “linked site”). Your use of linked sites is completely at your own risk. You acknowledge and agree that SCG has no responsibility or liability for what you see on or obtain through a linked site. We do not know if the content of any linked site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws.
14. The Terms of Service will apply indefinitely.
All provisions of the Terms of Service survive if you stop using our services and/or if you terminate your account, including, for example, our rights regarding any content you’ve already submitted to our website. Also, everything that you have represented to us in the Terms of Service will survive indefinitely.
15. If you do something wrong and it causes us problems, you will have to pay us (that is, indemnify us) for our trouble.
To the maximum extent permitted by law, you agree to indemnify and hold harmless SCG, its affiliates, officers, members, owners, directors, managers, employees, agents, and representatives (collectively referred to as “related parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (a) your use of our services, (b) your submission, posting, transmittal, transfer (whether intentional or unintentional), display, storage, distribution, removal, or any other use of any personal information pertaining to yourself or another, (c) your violation of the Terms of Service, (d) your violation of any law or regulation, including, without limitation, any anti-spam laws of any applicable jurisdiction, (e) your violation of any intellectual property right, including, without limitation, copyright, patent, trademark or trade secret, (f) any claim that your information or any other content by you caused damage to a third-party, (g) your misuse of customer information, (h) your failure to secure customer information in accordance with applicable law and any other action you take in violation of privacy and data security laws applicable to the situation, (i) your use of third-party services or your relationship with a third-party provider or (j) your failure to collect, remit, and/or report the appropriate amount of sales or use tax (including any penalties and interest) to any state or local government. This indemnification obligation will survive the Terms of Service and your use of our services. SCG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SCG’s defense of such claim.
16. WE DISCLAIM ANY WARRANTIES. YOUR USE OF OUR SERVICES (WHICH INCLUDES OUR WEBSITE) AND OUR CONTENT IS AT YOUR OWN RISK.
You agree to assume all responsibility and risk for your use of our website, our services, and our content. To the fullest extent permissible under applicable law, neither SCG nor its related parties make any express or implied warranties or representations whatsoever with respect to our website, our services, or our content, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Neither SCG nor any related parties endorse or make any representation or warranty with respect to the accuracy, reliability, timeliness, or completeness of our website, our services, or our content or that our website, our services or our content is non-defamatory, non-infringing or otherwise lawful. Neither SCG nor any related parties warrant that the functions performed by our website, our services, or our content will be uninterrupted, timely, secure or error-free, or that defects in our website, our services, or our content will be corrected. Neither SCG nor any related parties guarantee or warrant that the files available for downloading will be free from infection by software viruses or other harmful computer code, files, or programs. Our website, our services, and our content are provided on an “as is,” “where is,” “where available” and “as available” basis. You acknowledge that any reliance on or use of our website, our services, and our content is at your sole risk.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website, any downloads from our website or through our services, or any other of our services.
17. OUR LIABILITY TO YOU IS LIMITED. THAT MEANS THAT IF YOU SUFFER LOSSES, WE DO NOT HAVE TO COMPENSATE YOU FOR THEM.
To the fullest extent provided by law, in no event will SCG or any related party be liable to any person or entity for any indirect, special, punitive, incidental or consequential damages or damages resulting from lost profits, lost data or business interruption, even if foreseeable, arising out of or in connection with the use, inability to use, or the results of use of SCG’s services, any third-party services or third-party provider, any website linked to SCG’s website, or SCG’s content, whether based on warranty, contract, tort or any other legal theory and whether or not SCG or a related party is aware of or of advised the possibility of such damages.
You specifically agree that SCG will not be liable for any users’ content or any defamatory, offensive or illegal conduct of a third-party and that you assume the full risk of harm or damage from the foregoing.
If you are a customer, the total dollar amount of SCG’s liability to you shall not under any circumstances exceed ten U.S. dollars ($10.00).
18. YOU AGREE TO RESOLVE ISSUES BETWEEN YOU AND SCG IN MANDATORY ARBITRATION IN COOK COUNTY, ILLINOIS, AND NOT BY A COURT OR BY A JURY.
Any dispute or claim relating in any way to the Terms of Service, your relationship with SCG, or your use of our services (collectively referred to as a “claim”) will be resolved exclusively by final and binding arbitration, rather than by court or a jury. The only exception to such mandatory arbitration is that you are NOT prohibited from resolving any such dispute or claim as an individual claim in a small claims court. The exclusive venue for the arbitration shall be Cook County, Illinois.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the Terms of Service as a court would.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. You acknowledge that you make this jury waiver knowingly, voluntarily, and willingly.
This arbitration provision is entered pursuant to the Federal Arbitration Act. The arbitration, and any appeal, shall be governed by the substantive law of the State of Illinois and the applicable rules of the American Arbitration Association (“AAA”).
If, for any reason, the arbitration and/or appeal cannot be conducted before AAA or pursuant to AAA rules, and the parties cannot agree to an alternative arbitration service and/or rules, any court of competent jurisdiction in Cook County, Illinois, may appoint an arbitrator and/or select appropriate arbitration rules to govern the arbitration and/or appeal.
Each party shall pay an equal share of the arbitrator(s)’ fees and costs relating to the arbitration, subject to the arbitrator(s)’ authority to reallocate such fees and costs in his or her discretion. In any event, each party shall be responsible for payment of their own attorney’s fees and legal costs.
Either party may seek temporary injunctive relief in federal or state court in Cook County, Illinois, exclusively, at any time until the selection of the arbitrator(s) is completed. Once the selection of the arbitrator(s) is completed, the arbitrator(s) shall assume responsibility for any further action or rulings with respect to any such temporary injunction action. The parties consent to personal jurisdiction and venue in the federal and state courts of Cook County, Illinois, solely for the purpose of any such temporary injunction action.
We each agree that any dispute, whether arbitrated or brought in small claims court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Without limiting the generality of the preceding sentence, each party agrees to pursue its claims on an individual basis and not to (1) join its claims with any other person’s or entity’s claims, (2) pursue any claim as a representative of a class, as a private attorney general or in any representative capacity, or (3) participate in a class or collective action or mass action with respect to any claim. It is the express intent of the parties that the arbitrator, or, as applicable, small claims court, shall not have the power to award class or collective relief or to determine or order that the dispute should proceed as a class or collective action, whether in arbitration or in any other forum or venue. The parties understand and acknowledge that by entering this arbitration provision, they are waiving their rights to have a court or jury adjudicate their claims.
If any inconsistency arises between the terms of this arbitration provision and any other arbitration agreement applicable to the parties, the terms of this arbitration provision shall control.
19. The Terms of Service are governed by Illinois law.
20. If a court finds part of the Terms of Service invalid, it won’t invalidate all of the Terms of Service.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
21. You have one year to sue us if something goes wrong.
Any cause of action you may have with respect to your use of our website or our services must be commenced within one (1) year after the claim or cause of action arises.
22. No Other Agreements.
The Terms of Service and any order you make of SCG services on our website or otherwise constitutes the entire agreement between SCG and you with respect to our services and our content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SCG with respect to our services and our content, unless an agreement specifically provides that it is not superseded by the Terms of Service and said agreement is in writing and signed by both parties.
Upon termination, those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect.
23. You can’t substitute anyone else in your place as a party to the Terms of Service without permission, but we can.
You may not assign the Terms of Service or delegate your obligations under the Terms of Service, or any part of the Terms of Service, without the express written consent of SCG. You agree that SCG may assign, transfer, or delegate any of its rights or obligations under the Terms of Service at any time and for any reason without prior notice or your consent.
24. If you suspect someone is infringing your registered trademark, please let us know.
SCG takes trademark rights seriously and will investigate reasonable trademark issues that are brought to its attention. Please keep in mind, however, that sometimes more than one person can own the same or similar trademarks, depending on where and how they are used.
If you believe that your registered trademark is being infringed, then you may send us a takedown request. We will not be able to properly review a request unless it includes all of the following:
- Your physical or electronic signature.
- The registration number(s) for the trademark.
- The countries or territory in which the trademark is registered.
- What the trademark is. For instance, is the trademark a word mark, design mark or combination?
- A list of the goods and/or services for which the trademark is registered and the length of time you have been using the trademark on those goods and services.
- A statement about why you believe your trademark rights have been infringed.
- Sufficient identification of the material you believe to be infringing.
- Your name, postal address, telephone number, and, if available, email address.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the trademark owner.
If you have a legitimate claim, then the allegedly infringing material will be taken down.
25. If you suspect someone is infringing your copyright, please let us know.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our website infringe your copyright, you may request our removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our website, a representative list of such works.
- Sufficient identification of the material you believe to be infringing.
- Your name, postal address, telephone number, and, if available, email address.
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive these notices is:
Sports Connection Gear LLC
4619 N Ravenswood Ave, Suite 108
Chicago, IL 60640
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on our website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Effective: November 24, 2023