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Terms & Conditions

Direct Sports is a closely held corporation operating under the trade name Direct Sports, Inc. or Direct Sports Supply. The directsports.com domain is owned and operated by Direct Sports, Inc. 

Please read these Terms & Conditions carefully before using directsports.com.  By using directsports.com or by selecting a box that states you accept these terms, you indicate your agreement to these Terms & Conditions.  You also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract, in the jurisdiction in which you are using the directsports.com website.  Lastly, you acknowledge that these Terms & Conditions are supported by reasonable and valuable consideration.

Your Consent to these Terms and Conditions:

Access to and use of our site and the information, materials, products and services available through our site is subject to all applicable laws and regulations and to these Terms and Conditions.  By accessing, browsing, and shopping at our site, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement. If you do not agree, please exit our site.

Changes to these Terms and Conditions:

We may change these Terms and Conditions from time to time without specific notice to you.  The latest Terms and Conditions will be posted on the site, and you should always review them prior to use to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access our site.  Your continued use of our site after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.

Your Consent to Our Privacy Policy:

By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein.  Before using our site, please carefully review our Privacy Policy.  All personal data provided to us as a result of your use of our site will be handled in accordance with our Privacy Policy.

Your Consent to Our Terms of Sale:

Any purchases you make on our site will be governed by our Terms of Sale, which are expressly incorporated herein.  Our Terms of Sale contain policies related to various aspects of your purchase of merchandise on our site, such as shipping, returns, and other matters.

Your Consent to Other Businesses Agreements:

We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of our site, to participate in certain promotions or activities available through our site, or for other reasons.  In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked I agree.  This type of agreement is known as a click-through agreement.  If any of the terms of a click-through agreement are different than the terms of these Terms and Conditions, the terms of the click-through agreement will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the ìclick-through agreement.

Third Parties Terms and Conditions:

Other terms and conditions may govern your use of features available on our site that are ìpowered by third parties.  For example, our site permits rate and post reviews of products.  These functionalities are powered by third parties.  This means that if you use these functionalities, you will be transferred directly to a custom Web site operated by a third party.  These Web sites are governed by the third parties terms of use and privacy policy.  You should review the terms of use and privacy policies of third-party service providers before using their sites.

Ownership of Our Site and Its Content:

Our site, including all of the software and code comprising or used to operate our site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on our sites, including without limitation User Generated Content as defined below (collectively Content) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States.  All Content and intellectual property rights therein are the property of Direct Sports, Inc. or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on our site does not constitute a waiver of any right in such Content.  You do not acquire ownership rights to any such Content viewed through our site.  Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use our site and to display, download, or print portions of our site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

User Generated Content:

Certain sections of our site allow you to submit or upload reviews, photographs, or other content for viewing by the general public (collectively User Generated Content).

You are responsible for User Generated Content. Any User Generated Content is the sole responsibility of the person who made such User Generated Content available on our site.  Under no circumstances will we be liable in any way for any User Generated Content posted to our site.  Such User Generated Content may be posted on or accessed through our site in our sole discretion.  Because we do not control the User Generated Content posted on our site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content.  You also agree and understand that by accessing our sites, you may encounter User Generated Content that you may consider to be objectionable.  We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein.  We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on our site, whether by us, individual users of the site, or our third party contractors or licensors.

You own User Generated Content you submit, but we may use it.  If any User Generated Content is your original work, then you own the copyright in that work.  We do not claim any copyrights in original works created and posted by individual visitors to our site. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through this site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.

Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through our site, you are granting us (and downstream users) permission to (i) display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User Generated Content available to the general public through our site and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.

We may disclose and/or remove User Generated Content.  We reserve the right at all times to disclose any User Generated Content or information as is necessary to satisfy any law, regulation or governmental request.  We also reserve the right, but do not assume the obligation, to remove any User Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User Generated Content that is objectionable or in breach of these Terms and Conditions, in our sole discretion.  In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of our site, or to censor, edit or block your transmissions thereto, in our sole discretion.  You agree that the exercise of us of such discretion shall not convert or transform User Generated Content to Content owned or provided by us, and the user who made such User Generated Content available on the Sites will retain ownership thereof as described above.

Restrictions on User Generated Content:

It is a condition of these Terms and Conditions that you do not:

1) Post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Generated Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
2) Post or transmit any User Generated Content which violates or infringes upon the rights of others, including User Generated Content which violates the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
3) Post or transmit any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is fewer than eighteen years old but you are his/her parent or legal guardian;
4) Post or transmit any User Generated Content soliciting any personal or private information from any individual;
5) Post or transmit any User Generated Content which contains a virus or other harmful component; or
6) Post or transmit any User Generated Content which contains advertising, promotions or marketing, or which otherwise has a commercial purpose.

By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen years old and you have read and understoodóand your User Generated Content fully complies withóthese Terms and Conditions and applicable laws and will not cause injury to any person or entity.

Trademarks:

The Direct Sports, Inc., names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on our site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Direct Sports, Inc. (the Marks).  All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission.  You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our site without the prior written permission of such owners.  The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Links to Other Sites:

Our site may contain links and/or advertisements to other websites maintained by unrelated companies.  An advertisement of, or link to, an unrelated website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.  We do not investigate, monitor or check such websites for accuracy, completeness or conformance with applicable laws and regulations.  We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites that you may access through our site, the content thereof, or the products and/or services made available through such websites.  If you decide to leave our site and access these other websites, you do so at your own risk.  All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Your Feedback:

We very much want to know what our customers like and donít like about our products, and welcome your comments, feedback, suggestions, and other communications regarding our site and the information, products, and services we make available through our site (collectively, Feedback).  By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information.  Please also note that the Feedback you provide to us through this site will be and remain our exclusive property.  Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.  We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Disclaimer of Warranties:

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR SITE OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR SITE. OUR SITE AND ALL OF ITS CONTENT (INCLUDING ALL USER GENERATED CONTENT) ARE PROVIDED FOR USE AS IS AND ON AN AS AVAILABLE BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR SITE, AND ANY SITE WITH WHICH IT IS LINKED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT OUR SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).  WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA OUR SITE, OR ANY SITE WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE, OR CURRENT.  WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON OUR SITE.

WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON OUR SITE BY USERS OF OUR SITE, AND USER GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF US. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF OUR SITE.  YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Without limiting the foregoing, certain merchandise offered on our site may be covered by a product warranty offered by the manufacturer of such merchandise, and the limitations and disclaimers set forth herein will not limit or restrict any warranty provided by the manufacturer of any merchandise available for purchase on our site.

Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Exclusion of Liability:

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS AND CONDITIONS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON OUR SITES OR IN CONNECTION WITH YOUR USE OF OUR SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON OUR SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

OUR LIABILITY IN CONNECTION WITH A CUSTOMERíS PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH IN OUR TERMS OF SALE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.

These Terms and Conditions give you specific legal rights and you may also have other rights, which vary from country to country.  Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions.  In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.  Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Your Obligations:

In consideration of your use of our site, if you register on our site in order to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else.  You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you.  You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password at the following e-mail address, and until we are so notified you will remain liable for any unauthorized use of your account:  Please contact us at customerservice@directsports.com.

You agree to use our site in a manner consistent with any and all applicable rules and regulations.  You agree not to upload or transmit through our site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.  Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to our site is strictly prohibited.  We reserve all rights and remedies available to us.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of our site (including any information, materials, products or services available through our site).

Colors:

We have done our best to display as accurately as possible the colors of the products shown on the site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitorís display of any color will be accurate.

Correction of Errors and Inaccuracies:

The information on our site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order).  Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.  We apologize for any inconvenience this may cause you.

Removal of Content:

In general, if you believe Content on our site violates your rights and want us to remove it, please send a written request explaining why you would like to have the Content removed to us by e-mail at customerservice@directsports.com. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms and Conditions, Privacy Policy, and applicable law.

Violation of Copyrights:

If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our site or has been otherwise copied or made available on our site in a manner that constitutes copyright infringement, please send us a notice of the alleged infringement including all of the following information:

1) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on this site (including the URL, title and/or item number if applicable, or other identifying characteristics);
4) Your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
5) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright ownerís behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.  Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Direct Sports, Inc. 
P.O. Box 497 - 1720 Curve Road
Pearisburg, VA 24134
(800) 456-0072
FAX (540) 921-1186

Minors:

Our Sites are not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. In addition, you must be at least eighteen years of age to make a purchase on our site.

Modification and Discontinuation:

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently our site (or any portion thereof) and/or the information, materials, products and/or services available through our site (or any part thereof) with or without notice.  You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our site.

Entire Understanding:

These Terms and Conditions (together with our Privacy Policy, Terms of Sale and any click-through agreements on our site) contain the entire understanding between you and us with respect to use of our site and no representation, statement, or inducement oral or written, not contained herein shall bind any party to this agreement.

Severability and Non-Waiver: 

Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion.  In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.  These Terms and Conditions will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Law & Jurisdiction:

These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Virginia in the United States of America.

You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts located in Giles County, Virginia and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of our Sites.  However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Jurisdiction-Specific Restrictions On Our Site and the Products We Sell:

Access to, or use of, our site or information, materials, products and/or services on our site may be prohibited by law in certain countries or jurisdictions.  You are responsible for compliance with any applicable laws of the country from which you are accessing our site.

ACCESS TO OUR SITES (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON OUR SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Contacting Us:

If you have any questions or concerns regarding these Terms and Conditions, please contact us by telephone, email, fax or postal mail:

Direct Sports, Inc.
Attention: Customer Service
P.O. Box 497 - 1720 Curve Road
Pearisburg, VA 24134
(800) 456-0072
FAX (540) 921-1186

Ordering/ Customer Service:

1-800-456-0072