WebsiteUsagePolicy

Effective Date: 10/28/11

We hope you enjoy your use of the Spirit Gear Direct website and your online shopping experience. We appreciate your support of today’s youth and their educational needs. To ensure you understand and agree to our website policies, we provide this Website Usage Policy. If you have questions for us, please let us know by sending an email to us at service@spiritgeardirect.com. Use of the Spirit Gear website constitutes your acceptance of and agreement to this Policy.

This policy clarifies website use for both customers who visit the website and for administrators who have established Stores. You may establish a new store by following the following link.

Click here to create new store.

For your convenience, you may go directly to the area that pertains to your area of interest below.

All Users

Customers

Administrators

All Users

Electronic Communications:

When you send an email to us at service@spiritgeardirect.com or directly to us thru our online stores, you agree for us to communicate with you via email. Please do not communicate personal financial information such as credit card numbers or bank account numbers thru email. We will never ask for such information via email. We will post updates to our Website Usage Policy from time to time. Our electronic communications with you thru posted updates or emailed notices replaces the need for paper disclosures and/or notifications. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

Privacy Policy:

Your right to privacy is very important to us. Please review our Privacy Policy to see how we ensure that right.

Customized Text:

As part of our unlimited customization options, users have the ability to customize text on many of our products. Please note that such text is subject to our review to ensure the text does meet the following general guidelines.

  • No use of hate and/or racist terms.

  • No obscene or vulgar comments.

  • No text that is generally offensive or in bad taste, as determined by Spirit Gear Direct.

Dispute Resolution

All disputes connected with our Website Usage Policy or your use of any part of the Spirit Gear DirectStore will be exclusively resolved under confidential binding arbitration held in Denver, Colorado, by a sole arbitrator applying Colorado law without regard for conflicts of law principles. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and State courts in Denver, Colorado. Notwithstanding anything to the contrary in this Section 13, Spirit Gear Direct may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Spirit Gear Direct Rights

All software on Spirit Gear Direct is the sole and exclusive property of Spirit Gear Direct, as are our name and logo.

Legal Obligations

By using this site, either as administrator or consumer, you agree that you are bound by all applicable laws of the United States, federal, state and local laws, statutes and ordinances.

Disclaimers and Exclusions

Spirit Gear Direct provides the website and Spirit Gear Direct Stores "As Is" and "As Available." Spirit Gear Direct does not represent or warrant that the website and stores will be uninterrupted, free of inaccuracies or error, not will meet all of your requirements. We will certainly do our best to accomplish each of the importance service areas, every day. Certain hardware or software that you may use may affect the functionality of the website. Spirit Gear Direct makes no warranties other than those made expressly in this Website Usage Policy and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. Spirit Gear Direct shall not be liable for the use of the website, including, without limitation, the content and any errors contained therein. In no event shall Spirit Gear Direct be liable for any special, indirect, incidental or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not Spirit Gear Direct has been advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use of the website.

Customers

Product Sizes:

We will do our best to provide sizing options that will ensure a comfortable and fashionable fit. However, sizes will vary by manufacturer and by product.

Product Descriptions:

We want to be sure you know exactly what you’re buying. To accomplish this, we will provide product descriptions for each item. We will do our best to be sure they are accurate. From time to time, products change and will require us to update these descriptions. If you find that we have missed an update, please let us know and we will make corrections.

Product Colors:

You have the ability to customize your product colors and the colors of your selected designs and text on many products. Although we have a very high tech means of matching manufacturer colors, actual product colors may vary slightly from the displayed color on our website.

Product Pricing:

Good news! We have many products that can be highly customized. That means we need to enter a lot of prices into our database. Although we strive for perfection, we may enter an incorrect price from time to time. If you have been charged a price that is inappropriately too high, we will refund you the charge. If you were charged a price that is less expensive than was appropriate, we will honor that price for you.

Should you find that a return or exchange is needed on a product you have purchased, please see our Shipping and Returns Policy.

Should you find that a return or exchange is needed, please see our Shipping and Returns Policy.

Administrators

We want to help you make your Spirit Gear Direct Store a success. We will provide you with marketing materials to help. We also have consultants to help you if needed. If you do not already have an appointed consultant, please email us at service@spiritgeardirect.com and we’ll appoint you your own personal consultant. Spirit Gear Directwill only knowingly open Stores to parties that can lawfully enter into and form contracts under applicable law.

Opening a Store

All stores are opened with Spirit Gear Directthrough our online application process.Spirit Gear will review all newly created Stores for approval prior to making the Store website available to the public.

Store Security

You will need to select a password if you open a Store. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Store, including, without limitation, any use by any unauthorized third party. You must notify Spirit Gear Direct immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Spirit Gear Direct immediately if you become aware of any other breach or attempted breach of the security of your Store.

Store Services

Through your Store, you will be provided with data on your sales and earnings. Spirit Gear Direct will select available products for your Store and will make available options for customization of each product.

Earnings

Store owner will receive up to 20% of online retail sales of associated store. Store specific profit percentages are set in the administrative  area of each store. Voucher redemptions are excluded from online sale totals as profit on voucher sales are paid at time of voucher purchase. Spirit Gear Direct will make quarterly payments within 60 days of each quarter ending based on calendar year quarters. Profit balances do not expire. Once retail sales for a store reach $200, a payment, in the form of a corporate check, will be processed and sent via US postal mail. If
mailing address on file is undeliverable for two or more consecutive payments, future payments will be suspended until a valid address has been provided.

Contact and Payment Information

We will need a contact person to act as Administrator for all Stores. You must provide Spirit Gear Direct with complete and accurate contact, address and payment information and notify us of any changes to such information as it may occur. All payments will be made directly to the school or organization name associated with each Store.

Ability to Open Stores

You represent and warrant to Spirit Gear Direct and Spirit Gear Direct represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this Website Usage Policy, (ii) the execution and performance of your or its obligations under this Website Usage Policy does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this Website Usage Policy is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.

Email Marketing

Email is a great way to create awareness of your products and your Store. You’ll want to be sure all such communications you send meet all aspects of the law. That means, they can’t be SPAM and must comply with the CAN-SPAM Act of 2003 as amended and any other applicable laws governing email communications, including without limitation, the following:

  • You may not use false or misleading header information. Each emails "From," "To," and routing information, including the originating domain name and email address, must be accurate and also identify the person who initiated the email.

  • You may not use deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

  • You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the request.

  • Your message must contain a clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.

  • You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell products.

Store Rights

You will not acquire any right, title or interest therein under this Website Usage Policy or otherwise to any intellectual property owned by Spirit Gear Direct. You understand and acknowledge that Spirit Gear Direct will retain content uploaded content that you provide to us and that such content is the property of Spirit Gear Direct. In the event such uploaded content is legally required to be disclosed to third parties, we will do so.

Logo and Mascot Use:

Each Store has the ability to upload logos, mascots and text. This enables products to be sold that use these items on products. Each Store Administrator must be careful to use logos, mascots and text that he/she is legally able to use. This means the logos, mascots and text cannot violate the rights of other people. Examples include violations of trademark laws, copyrights, and intellectual property rights among others. We contractually prohibit Administrators from using Stores to sell merchandise that infringes on these third party rights.

If you believe that your intellectual property rights have been infringed by a user of our service, please email support@spiritgeardirect.com. Upon notification, we will investigate the situation and in our discretion we will require the Administrator to remove the content. If infringement continues, we will terminate the Administrator’s use of the Store. Spirit Gear Direct will have no liability to you or any third party for doing so. You hereby indemnify and hold Spirit Gear Direct and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders harmless from any damage, loss, or expense - including without limitation, attorneys' fees and costs - incurred in connection with any third-party claim, demand or action brought against any of the aforementioned parties alleging that you have breached any provision of this Website Usage Policy through any act or omission, including without limitation monetary damages incurred by Spirit Gear Direct due to any breach of this Agreement or violation of any policy. If you have to indemnify Spirit Gear Direct under this section, Spirit Gear Direct will have the right to control the defense, settlement, and resolution of any claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any claim without Spirit Gear Direct's express written permission.

When communicating a potential violation to us, please provide us with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.

  • Identification of the copyright, trademark or other rights that have been allegedly infringed.

  • The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.

  • Your name, address, telephone number and email address.

  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.

  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

When you create your Store and upload your logo and/or mascot, you retain all rights to your content, but grant a non-exclusive license to Spirit Gear Direct to allow Spirit Gear Direct to produce and ship your products to your customers. Spirit Gear Direct’s production a product that uses your logo, mascot or text does not signify that such content adheres to applicable laws, including content laws such as trademarking and copyright infringement. Furthermore, Spirit Gear Direct’s production of items that use this content does not absolve Store Administrators from associated liability related to the content usage. When you submit a logo, mascot or text, you acknowledge that such content is legally yours to provide to Spirit Gear Direct for use by Spirit Gear Direct in resale to the public thru your Store. You further represent and warrant to Spirit Gear Direct thatthere are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content and thatSpirit Gear Direct will not be required to make any payments to any third party in connection with its use of your content.

You will retain ownership of the content that you upload to the Website. You hereby grant to Spirit Gear Direct a royalty-free, worldwide, transferable, nonexclusive, right and license to use such content, in all media existing now or created in the future, as Spirit Gear Direct deems necessary to enable you to use your Store.

Spirit Gear Direct Termination

In its sole discretion, with or without notice to you, Spirit Gear Direct maysuspend, limit your access to or terminate your use of your Store, and/or block your IP address or otherwise prohibit you from opening any new shops.If Spirit Gear Direct suspends or terminate your Store, Spirit Gear Direct may, without being liable to you or any third party: (i) delete any content or other materials relating to your use of the Store and (ii) not allow you to access your Store, market, or sell Products. If Spirit Gear Direct terminates your Store, you must immediately remove all links to the Website from any websites you operate and cease representing yourself as a user of a Spirit Gear Direct Store.

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