TERMS OF SERVICE
As discussed further below, both you and Gameday Couture agree, with the limited exceptions noted below, to resolve all disputes between you and Gameday Couture through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
These Terms may be amended by us from time to time. Please periodically review the controlling, online version of these Terms. By clicking “I Agree,” “ok,” or continuing to use the Website subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE THE WEBSITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS OUR WEBSITE, YOU ARE AGREEING TO THESE TERMS.
When using the Website, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are at least 18 years of age. Please do not place orders through gamedaycouture.com if you are not 18 years old or older.
We do not represent the Website is governed by or operated in accordance with the laws of other nations, or that the Website or any portion of it is appropriate or available for use in any particular location. If you choose to access the Website, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
About Our Website We provide users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of “Website.”
Our Website provides information regarding, and the opportunity to purchase, a variety of clothing products and accessories.
Accessing the Website You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at email@example.com. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
Pricing and Product Descriptions Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Website will be accurate.
Order Limitations We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.
Shipping, Guarantee and Return Policy Please refer to our Shipping Policies, Guarantees and Return Policies at https://www.gamedaycouture.com/pages/gameday-couture-return-policy for more information on our shipping rates and other policies and procedures, all of which are incorporated herein by reference.
All purchases from Gameday Couture, except for online gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We accept returns postmarked within 30 days from the date your order was shipped. Gameday Couture does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Gameday Couture does not take title to the refunded item. Refunds are issued to your original payment method or in the form of online credit. Refunds cannot be returned to alternate cards or different forms of payment.
Our Intellectual property Gameday Couture and our associated logos, names, images, and slogans Gameday Couture, Gameday Couture.com, Gameday Couture Fashion Lounge, LLC, Curated Statement Collection, NCAA, NBA, and affiliates of Gameday Couture, are our trademarks and/or service marks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Gameday Couture.com are trademarks or trade dress of Gameday Couture. Gameday Couture’ trademarks and trade dress may not be used in connection with any product or service that is not Gameday Coutures, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gameday Couture. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, artwork, images, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Most content available on or through the Website, such as text, graphics, and photographs, are our Works (i.e., content we own, authored, created, purchased, or licensed). Our Website is protected by copyright, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or our Website or any adaptations thereof unless expressly set forth herein.
Prohibited Conduct/Representations and Warranties You represent and warrant that you will not use the Website to:
- Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- Post any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise discriminatory; (ii) is derogatory or harmful to Gameday Coutures reputation; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis.
- Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
- Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
- Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
- Post any User Content for which you have not obtained all necessary written permissions and releases;
- Misrepresent any fact (including without limitation your identity);
- Post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
- Exceed your authorized access to any portion of the Website;
- Collect or store personal data about anyone;
- Modify without permission any part of the Website;
- Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website.
Contents Posted By Users You and other users may be able to upload, post, create, make available, send, share, communicate, or transmit (“Post”) data, information, images, comments, ideas, or other types of content (collectively “Content”) to the Website and other websites linked to on the Website. You understand that all Content Posted by users of the Website (“User Content”) is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.You retain ownership of the intellectual property contained in your User Content. However, you grant us a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all User Content that you Post to or through the Website. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit User Content that you Post. We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Website, and we shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever).If you are a minor, you should not be using our website or Posting any User Content. However, if you do so and you want us to remove the User Content from the Website, please contact us at firstname.lastname@example.org. You will need to provide us with specific information describing the location of the User Content that you want us to remove. We will take reasonable efforts to remove the User Content upon receiving a sufficient request but we cannot ensure complete or comprehensive removal of the User Content.
Procedures for Making Complaints If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Website, please contact us at email@example.com.
Where appropriate, we will work to prevent unlawful activity from taking place on or through the Website.
You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.
Indemnification You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Disclaimers YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OR PURCHASES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE OR PURCHASES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OR PURCHASES OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
- DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
- MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
- IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
- THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR
- ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Release If you have a dispute with one or more users of the Website, or with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance. You agree not to file any action or lawsuit inconsistent with the foregoing release.
Termination You agree that Gameday Couture may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which Gameday Couture believes is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension shall be made in Gameday Couture sole discretion and that Gameday Couture shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.
You may terminate your account with Gameday Couture and these Terms at any time by emailing us at firstname.lastname@example.org.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.
Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.
The following sections shall survive any termination: “Our Intellectual Property,” “Indemnification,” “Disclaimers,” “Limitations of Liability,” “Jurisdictional Restrictions,” “Release,” “Dispute Resolution: Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver,” and “Miscellaneous.”
Miscellaneous These Terms constitute the entire agreement between you and Gameday Couture, and govern your use of the Website and purchases made thereon.
These Terms supersede any prior agreements between you and us with respect to the Website and purchases made thereon.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Gameday Couture representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
Terms For Sales and Flash Sales
From time to time, Gameday Couture may offer Flash Sale deals. Flash Sale deals are for a limited time and a limited quantity. Purchase must be completed through checkout to obtain the deal. Items in bag are not reserved and may expire based on time or quantity. No rain checks, no retroactive application. May not be combinable with other offers. Gameday Couture reserves the right to modify or discontinue the offer at any time. See webpage for each offer’s specific details. The timestamp generated by the gamedaycouture.com website shall be the official time-keeping device for Flash Sale time periods. Gameday Couture is not responsible for any delays or failure to complete purchase during the Flash Sale time period including due to (i) the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the purchasing process; (iv) electronic or human error which may occur in processing your purchase. Flash Sale deals are intended for personal purchase only and not for resale. Gameday Couture reserves the right to restrict the number of items available to a single purchaser.
Property; Intellectual Property. All content of the Properties (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Properties are the exclusive property of Fanatics, Inc. and/or one of its affiliates, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Properties is the property of its respective owner. We reserve all rights not expressly granted in and to the Properties' content and services.
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT
Gameday Couture is committed to providing customers with products that were manufactured using ethical and fair labor practices. In connection with the California Transparency in Supply Chains Act, Gameday Couture makes the following disclosures:
Gameday Couture strives to work only with suppliers we trust. In most cases, our buyers meet personally with the vendors who supply our products in our downtown Los Angeles office. Gameday Couture requires all of its direct suppliers to certify and warrant that they and their manufacturers will comply with all applicable laws, including wage and hour laws, and that they will not utilize child labor, convict labor, indentured or bonded labor, or labor obtained through human trafficking or slavery. Gameday Couture does not regularly conduct audits of our suppliers to verify their compliance with company standards and applicable laws; however, Gameday Couture reserves the right to conduct unannounced audits.
While Gameday Couture does not currently provide specific internal training regarding slavery and human trafficking, Gameday Couture asks that its employees and contractors uphold company standards regarding slavery and human trafficking, and report to management any vendor, factory, or individual within the supply chain that they suspect is failing to meet such standards.