TERMS AND CONDITIONS

Effective Date: December 18, 2023

Welcome to Edgy Sport’s website (“Site”). This Site is provided as a service to our customers. Edgy Sport, along with its subsidiaries and affiliates, appreciates your interest in our company and your visit to this Site. The following terms of use (“Terms”) govern your use of this Site.

1. Introduction

By using this Site, you agree to these Terms and Conditions. Edgy Sport may modify these Terms at any time without notice, and your continued use of the Site signifies your agreement to the modified Terms.

2. Trademarks

The trademarks, logos, and service marks displayed on this Site are the property of Edgy Sport or other third parties. You are not permitted to use these without the prior written consent of Edgy Sport or the third-party owner.

3. Site Contents and Copyright

The content of this Site is protected by copyright and intellectual property laws. You may download or print content for personal, non-commercial use only. No right, title, or interest in any content is transferred to you as a result of downloading, copying, or printing.

4. User Comments and Submissions

Edgy Sport welcomes feedback but advises against sending unsolicited creative ideas or personal information. Submissions are not treated as confidential, and there is no obligation for Edgy Sport to use or compensate for them.

5. License to Use Submissions

By uploading Submissions or posting Submissions that you have tagged with Edgy Sport Trademark or product name hashtags to social media platforms, you grant to Edgy Sport, its third-party service providers who provide content management services including Sphere Services, Inc. and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Edgy Sport-tagged Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Submission.

You hereby represent and warrant that (i) you own all rights in and to your Submissions, (ii) if the Submissions are subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the Submissions you submit and to grant the rights granted herein, including permission from all person(s) appearing in your Submissions; (iii) you are not a minor, (iv) you are legally entitled to post the Submissions, and the Licensed Parties’ use of your Submissions as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the Submissions are not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Submissions.

The Submissions that you submit are deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using the Services, you are consenting to Edgy Sport’s collection of any personal information you provide through Edgy Sport service providers, on behalf of the Licensed Parties for the Licensed Parties’ use and disclosure in connection with the use of your Submissions as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not submit or post Submissions or otherwise provide Edgy Sport with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Edgy Sport’s and its providers’ behalf. By making Submissions here or posting Submissions or otherwise providing personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

6. No Endorsement of User-Generated Content

Edgy Sport is not responsible for user-generated content posted on the Site and does not endorse these Submissions. We are not liable for any claims related to such content.

7. Third-Party Links

Third-party links on this Site are not affiliated with Edgy Sport. We are not liable for any transactions made in connection with third-party websites. Review third-party policies and practices before engaging in transactions.

8. Copyright and Digital Millennium Copyright Act (DMCA)

Edgy Sport respects intellectual property rights and complies with the DMCA. If you believe your work has been copied in a way that constitutes infringement, you can send a written notice to support@edgysport.com. This notice should include: 

  • Your physical or electronic signature.
  • Identification of the infringed work.
  • Identification of the infringing material and information for its location on the Site.
  • Your contact details.
  • A statement of good faith belief that the use is unauthorized.
  • A statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Upon receiving a proper DMCA notice, Edgy Sport will act to remove or disable access to the infringing material, notify the content provider, and take further steps as required by the DMCA.

Absolutely, let’s continue with the expansion of the remaining points for the Edgy Sport Terms and Conditions.

9. DMCA Infringement Notification

To file an infringement notification, provide the following information:

  • A physical or electronic signature of someone authorized to act on behalf of the copyright owner.
  • An identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and information sufficient to locate the material.
  • Your contact information, including address, telephone number, and email.
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner.
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner.
 

Upon receiving a valid infringement notification, Edgy Sport will remove or disable access to the infringing material and notify the content provider.

10. DMCA Counter-Notification

To file an infringement notification, provide the following information:

  • A physical or electronic signature of someone authorized to act on behalf of the copyright owner.
  • An identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and information sufficient to locate the material.
  • Your contact information, including address, telephone number, and email.
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner.
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner.
 

Upon receiving a valid infringement notification, Edgy Sport will remove or disable access to the infringing material and notify the content provider.

11. Prohibited Uses

You are prohibited from using the Site for unlawful purposes, to solicit others to perform unlawful acts, to violate any international, federal, state, or local regulations, laws, or ordinances, to infringe upon our intellectual property rights or those of others, and other prohibited activities as outlined in the Terms. Violation may result in termination of your access to the Site.

12. Registration, Accounts, and Passwords

You are responsible for maintaining the confidentiality of your account information, including passwords. You are liable for all activities conducted under your account. Notify Edgy Sport immediately at support@edgysport.com if your password or username is compromised.

Certainly, let’s continue with points 13 to 20 of the Edgy Sport Terms and Conditions.

13. Site Updates

Edgy Sport undertakes no obligation to update or clarify information on the Site, except as required by law. Note that not all information may be current, and subsequent events or changes may render existing information on the Site inaccurate or incomplete.

14. Product and Pricing Information

Products and services available on the Site are subject to U.S. federal laws and regulations. Edgy Sport reserves the right to limit sales to any person, geographic region, or jurisdiction and may exercise this right on a case-by-case basis. Product descriptions and prices are subject to change without notice. We reserve the right to discontinue any product at any time. Prices are final at the time of sale.

15. Payments

Edgy Sport accepts various forms of payment, excluding personal checks. Please use money orders, certified or cashier checks, PayPal, or credit/debit cards. Be aware that debit card transactions may be charged at the time of sale or order fulfillment.

16. Sales Tax

Sales tax is collected and remitted as required by law. Tax-exempt purchases should be arranged through customer service. No sales tax refunds will be given for online orders.

17. Returns

All returns require a return authorization number (RA Number), which must be indicated on the return package. Items must be returned in new condition and original packaging. Returns are processed within 5-7 business days after receipt. For exchanges, place a new order, and upon processing your return, we will credit your original payment method.

18. Risk of Loss

The risk of loss and title for items purchased from Edgy Sport pass to you upon delivery to the carrier.

19. Resale of Product

Products purchased from Edgy Sport are not for resale or export. We reserve the right to terminate access to the Site and cancel orders if this term is violated.

20. Limitations on Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT EDGY SPORT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EDGY SPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EDGY SPORT’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EDGY SPORT’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

21. Disclaimer

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” EDGY SPORT MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND EDGY SPORT MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO EDGY SPORT EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, EDGY SPORT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

EDGY SPORT RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND EDGY SPORT WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

22. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD EDGY SPORT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY CLAIMS RELATED TO ORDER REQUESTS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.

23. Termination

The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of these Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 19, 21 and 23. Edgy Sport may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Edgy Sport’s sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Edgy Sport, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.

24. Choice of Law and Forum; Consent to Electronic Communications

These Terms will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules.

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Edgy Sport’s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and EDGY SPORT hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EDGY SPORT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND EDGY SPORT AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Edgy Sport are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Edgy Sport, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

24. Notice

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. Please verify that your account email address is current and valid. We will use this address to send your order confirmation and shipping information. If you need to change your email address, please email us at support@edgysport.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

25. Privacy Statement

Edgy Sport is committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by Edgy Sport in connection with your use of this Site, please consult our Privacy Policy.

26. Mockup Approval

After submitting your order, you will receive an email mockup for the customized items on your order from one of our graphic designers within the established timeframe for providing mockups.

Email is the preferred line of communication for revisions and is required for the final mockup approval. Without an email approval of the mockup, no production will be completed.

By submitting your final mockup approval to our design team, “You agree to the following terms”.

I verify that all lettering and/or word spellings, graphics, colors and content included in the approved mockup are correct.

Edgy Sport is not liable for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Grammar, Punctuation and Final Appearance of Colors.

NOTE: (Mockups are not to scale and are used for demonstration purposes only, as all sizing and placement is per our standards. The colors displayed on your screen and shown on your mockup are not guaranteed to be a true match to the colors that will be on the finished product.)

(Please contact Customer Care, not the Design Department regarding your order status.)

27. No other Agreements

By agreeing to the Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given Edgy Sport your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms constitute the entire agreement between you and Edgy Sport related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.

Should you have any questions concerning the Terms, or if you desire to contact Edgy Sport for another reason, please email us at support@edgysport.com or hello@edgysport.com

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