STRAND SPORTS, INC.
TERMS AND CONDITIONS OF SALE AND WEB SITE USE
These Terms and Conditions (“Terms and Conditions”) contain information about your rights and obligations, as well as limitations and exclusions that may apply to You (“You,” “Customer,” or “Buyer”). These Terms and Conditions apply to your use of this web site, located at http://www.swingtrainer.com (the “Site”) and to purchases by you from Strand Sports, Inc. (“SSI”) in the United States. By placing an order with SSI the Customer agrees to accept and be bound by these Terms and Conditions. These Terms and Conditions are subject to change without prior written notice at any time.
FOR VALUE RECEIVED, STRAND SPORTS, INC. AND THE BUYER AGREE AS FOLLOWS:
- Purchase and Sale: The Buyer agrees to purchase from SSI and SSI agrees to sell and supply to the Buyer, the goods and services specified in such Order (together, the "'Product" or “Order”), on the Terms and Conditions specified herein.
- Payment Terms: Payment must be received by SSI prior to SSI’s acceptance of an Order. Payment for the products is to be made by credit card at time of Order. Orders are not binding upon SSI until accepted by SSI. SSI reserves the right to refuse or decline any Order whether or not the Order has been confirmed and your credit card charged. Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute our offer to sell. If your credit card has already been charged for the purchase and your Order is declined, we will issue a credit to your credit card account in the amount of the charge.
- Shipping and Handling Charges: Separate charges for shipping and handling will be shown prior to Order on the invoice(s.)
- Taxes: Certain sales or other taxes may apply to your purchase. These taxes vary from state by state and will be collected for Orders shipped to states where these taxes are applicable. The amount of tax charged and collected is based on current state and local tax rates as well as other factors, including the identity of the seller, the type of item purchased and the shipment destination of the Order. Please review and confirm the taxes applied to your order in your shopping cart before submission.
- Risk of Loss: Loss or damage that occurs during shipping by our selected carrier is SSI’s responsibility.
- Product: The product shown on SSI’s Site is an actual sample of product.
- Return Policy/ Money Back Guarantee: SSI will accept returns due to any reason within 30 days of the date of purchase upon submission to SSI of proper purchase documentation and/or receipt. Beyond the 30 days and up to six months SSI will accept returns for manufacturing defects only. SSI reserves the right to appeal any return that suggests the product had been misused.
- Not for Resale or Export: Customer agrees and represents that they are buying for their own use, and not for resale or export without SSI’s written permission.
YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF TERMS AND CONDITIONS LISTED HEREIN.
- Site Revisions: The Terms and Conditions of this Site may be revised at any time by SSI. Use after any such revisions indicates your acceptance of such revised terms and conditions. If you do not accept such terms and conditions, do not use the Site.
- Site Usage: You may download material displayed on the Site for non-commercial, personal use only; provided. however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without SSI’s written permission. You may not alter or interfere with the content or function of this Site or download any material from this Site for use at any other website, including Internet auction sites. All materials on this Site are copyrighted and misuse thereof may constitute violation of copyright, trademark and other laws.
- No Warranties or Limitation of Liability: SSI assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites.
- Intellectual Property: Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Site are the intellectual property of SSI. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any property displayed on the Site without the written permission of SSI.
- Links to Other Sites: Descriptions of or references to, products, publications of sites not owned by SSI do not imply endorsement of those products, publications or sites. SSI has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
- Prohibitions: Visitors to the SSI Site are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane content or any content that could contribute to or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not post content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that infringes any copyright, trademark, patent trade secret or other intellectual property right of a third party.
- Communications: Any communication or material you transmit to the Site by e-mail or otherwise including any data, questions, comments, suggestions, or the likes, will be treated as nonconfidential and non-proprietary. Anything you transmit may be edited by or on behalf of SSI and may or may not be posted to this Site at the sole-discretion of SSI and may be used by SSI for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, SSI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing manufacturing and marketing products using such information without any compensation to the person sending such information.
- User Generated Content License Agreement: Any content you submit on this website (referred to as “Submitted Content”) containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials, and or other submitted content are hereby governed by the following terms:
You hereby grant to SSI an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit, including, without limitation, the title(s) and each and every element of the submitted item in-whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that (a) SSI shall have the right to edit, alter or arrange the Submitted Content in its sole discretion. (b) SSI shall not have any obligat1on to provide you with any credit when using your Submitted Content and (c) you wave any· moral rights that you may have in the Submitted Content. You understand that SSI will be acting in reliance upon your grant of rights, representations, warranties and indemnities in these Terms and Conditions and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should SSI use your Submitted Content.
Strand Sports, Inc.
Oceanside, CA 92054