Terms & Conditions
Please refer to this page if you want to review our Terms and Conditions.
If you can not find your answer then please email us and one of our customer service representatives will be happy to assist you! Thank You!
TERMS AND CONDITIONS
Welcome to BelieveinitApparel.com (the “Website”). By visiting the Website or purchasing products available at the Website, you represent and warrant that you are at least the age of majority in the jurisdiction where you reside, and you agree to be bound by these Terms and Conditions. These Terms and Conditions are effective as of January 20, 2014, and replace and supersede any previously posted terms and conditions.
1. Ordering of Products. By completing the ordering process on the Website and checking out using the shopping cart function, you agree to purchase the products selected by you and displayed on the checkout page.
2. Payment. By completing the checkout process on the Website, you agree to pay the price displayed in connection the products being purchased, in a form of payment accepted by us. We must receive payment of all fees, including applicable taxes, before the products you have ordered will be shipped. When you provide banking, credit card, or other similar financial or account information in connection with a purchase through the Website, you represent and warrant that the information is accurate. Occasionally, purchases are delayed or cancelled due to errors or discrepancies that arise in the payment process, and you agree that we will not be responsible for any delays caused by payment processing delays that either have a cause outside of our reasonable control, or are based on a good faith refusal or delay based on incorrect or incomplete information. If your payment method fails, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorney’s fees. Interest will accrue on any past due amounts at the rate of the lesser of 1.5% per month or the lawful maximum. We may use a third party to process credit card payments, and you agree to be bound by any terms and conditions presented to you by that third party during the checkout process.
3. Shipping. Charges for shipping will be assessed as displayed on the checkout page for the products being purchased. Unless otherwise expressly provided in the checkout process, you are responsible for all shipping charges associated with the delivery of the products you have ordered. We do not provide insurance on the products being delivered to you, and if you choose to have such insurance coverage, it is your responsibility to obtain such coverage. Delivery of the products you purchase through the Website will be made in the manner you select during the checkout process. We will not be responsible for the misdelivery, loss or destruction of any products in the event you provide inaccurate or incomplete shipping information.
4. Return and Exchange Policy. You may return and exchange products according to our Return and Exchange Policy, as amended from time to time, available [here] the terms of which are hereby incorporated by reference.
5. Product Warranties and Disclaimers. Unless expressly provided on the checkout page presented to you during the purchase of a product on the Website, we offer no warranties on any product you purchase through the Website. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL PRODUCT WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
6. Website Warranties and Disclaimers. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS". TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE WEBSITE CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO, FROM, OR VIA THE WEBSITE. IN ADDITION, AS TO THE WEBSITE AND ITS CONTENT, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IN ANY PARTICULAR JURISDICTION WILL BE LAWFUL, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
7. Limitation of Liability. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR THE PRODUCTS FOR SALE THROUGH IT, BE LIABLE IN ANY MANNER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM YOUR RECEIPT OR USE OF ANY PRODUCT PURCHASED THROUGH THE WEBSITE, INACCURACY OF THE INFORMATION ON THE WEBSITE, WHETHER SUCH ACTION MAY ARISE IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, OUR LIABILITY FOR ANY TYPE OF DAMAGES WILL IN NO EVENT EXCEED THE ACTUAL PRICE YOU HAVE PAID FOR THE PURCHASE OF PRODUCTS THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW A LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Indemnification. You agree to indemnify, hold harmless, and defend us and our directors, officers, employees, and agents from and against any and all third party claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorney’s fees) arising out of or relating to your violation of these Terms and Conditions (including the breach of any warranty contained herein), your use of the Website, or purchase of products through the Website.
9. License to Access and Use the Website. We grant you a limited license to access and make personal use of the Website. This license does not include any resale or commercial use of the Website or its contents; any selection of product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information, product listing, or graphical or text elements for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose (other than your purchase of products) without our express written consent. You may not frame or utilize framing techniques to enclose any content of the Website. Any unauthorized use terminates the permission and license to use the Website granted to you by us.
10. Your Content. We may provide the ability for you to upload text, video, photos or other materials (“Your Content”) to the Website, or to provide us with Your Content for potential publication on the Website or through other media published by us. You hereby represent and warrant that (a) Your Content will not infringe any intellectual property rights of any third party (including rights under copyright, trademark, or right of publicity), (b) Your Content will not defame, invade the privacy of, harass, or otherwise violate the rights of any third party, and (c) either you are the only person appearing in Your Content, you are the parent or legal guardian of the only person appearing in Your Content, or you have obtained written permission from all persons appearing in Your Content to submit Your Content to us for potential publication. Upon request, you will provide to us, at your cost, copies of all written documentation by which you obtained written permission from the persons appearing in Your Content. You hereby grant to us a worldwide, perpetual, nonexclusive, fully-paid, sublicensable, transferable right to publish Your Content, in whole or in part on the Website and all other media now known or developed in the future. You acknowledge and agree that we may publish Your Content pursuant to this section in our sole discretion, and that by accepting any submission of Your Content, we make no guarantee that Your Content will be published or otherwise used by us. We are unable to return any of Your Content that you submit to us.
11. DMCA Compliance. We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may direct your notice of claim of copyright or infringement to: Copyright Agent, Believe in it®, 706 Bonita Avenue, Las Vegas, NV 89104, United States of America; or by email to Support@BelieveinitApparel.com.
12. Copyright Notice. All of the content included on the Website is protected by United States and international copyright laws. Additionally, the compilation of the Website, in its entirety, including the selection, coordination, and arrangement of content, is our exclusive property, and is protected by United States and international copyright laws. Except as provided in these Terms and Conditions, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website.
13. Trademark Notice. The words BELIEVE IN IT, BELIEVE IN IT APPAREL, WHAT IS YOUR IT and graphics and logos that we use and which appear on the Website are our trademarks, registered trademarks or trade dress and are protected under the laws of the United States and other countries. All other trademarks that we do not own that appear on the Website are the property of their respective owners. You may not use any meta tags or any other text in source code which includes any trademark or service mark owned by us. The purchase of any sponsored advertising triggered by a search string that includes any portion of one of our trademark or service marks is prohibited.
14. Governing Law and Choice of Forum. These Terms and Conditions will be interpreted and construed according to, and governed by, the laws of the State of Nevada. Any court situated within Clark County, Nevada will have exclusive jurisdiction to hear any dispute under these Terms and Conditions, and venue will be proper there, or, if such court is without subject matter jurisdiction, the United States District Court for the District of Nevada will have exclusive jurisdiction and venue. You consent to the exercise of personal jurisdiction over you by any court, state or federal, situated within the Federal District of Nevada. In any action brought to enforce these Terms and Conditions, we will be entitled to recover our reasonable costs and attorney's fees, provided that we are the prevailing party in such action.
15. Assignment. We may assign our rights and obligations under these Terms and Conditions without providing you with prior notice.
16. Severability. If any portion of these Terms and Conditions is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms and Conditions will remain in full force and effect.
17. No Waiver. The waiver by either party of any breach of these Terms and Conditions will not be construed to be a waiver of any succeeding breach. All waivers must be in writing, and signed by the party waiving its rights.
18. Relation of the Parties. As used in these Terms and Conditions, the words “you” and “your” refer to you as the person purchasing products through the Website or, as applicable, the person on whose behalf you are acting; the words “us,” “we,” and “our” refer to Jared Montz Soccer, LLC, d/b/a Believe in it®.
19. Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into these Terms and Conditions by any representations or promises not specifically stated herein. We may amend these Terms and Conditions by posting such amended version on the Website and providing you with notice of such amendment, and your continued use of the Website or purchase of products after we provide notice will constitute your acceptance of such amended Terms and Conditions.
# # #