These Terms and Conditions govern your use of the GameDay Gear (the “Site”) and GameDay Gear services (the “Service”). The Service permits customers that have an appropriate relationship either with: (i) corporations and small businesses; (ii) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise bearing logos and designs that properly represent that relationship and do not compromise rules governed by those relationships. properly describing that relationship. You understand that by using the Site and the Service, you have agreed to these Terms and Conditions and you agree to use the Site and the Service solely as provided in these terms,
This website is operated by GameDay Gear Throughout the site, the terms “we”, “us” and “our” refer to GameDay Gear. GameDay Gear offers this website (“www.GameDay Gear.com”). By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms”) and any policies referenced here and available by link on our site. Even if you do not purchase something from our site, you are subject to these Terms - including users who are browsers, customers, vendors, merchants and/or those who contribute content.
If you do not agree to all of the terms and conditions listed here, you may not access the website or use GameDay Gear services; please read these Terms carefully before using our website. The most current version of the Terms are available to view at any time on this page.
GameDay Gear reserves the right to modify these Terms at any time, and will post any updates and changes to our website. Please visit this page periodically to check for changes, as your use of our site following any modification of these Terms implies your acceptance of those changes.
GameDay Gear will immediately remove your account and terminate services in the event there is a breach of any of these Terms.
The Online Store
You represent that you are at least 18 years old, or the age of majority in your state of residence by agreeing to these Terms and Conditions.
You may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) or use our products for any illegal or authorized purpose.
You will not transmit any viruses or destructive code.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time. We may exercise our right to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, as well as any contact on the website, without express written permission by GameDay Gear.
Excluding credit card information, which is always encrypted during information transfer, your content may be transferred unencrypted across various networks or may be changed to conform and adapt to technical requirements of connecting networks or devices.
Though we will make commercially reasonable efforts to keep GameDay Gear as up to date as possible, we have no obligation to update any information on our site and it may contain “historical information” that is available for your reference only. GameDay Gear does not warrant the accuracy, adequacy or completeness of the information and materials on GameDay Gear, and expressly disclaims liability for errors or omissions in this information and materials.
You agree that the material on this site is for general information only, i.e. is not to be relied upon as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. Contact GameDay Gear should you have any questions about the information listed on our Site; any reliance on the material on this Site is at your own risk.
GameDay Gear is under no obligation to update, amend, or clarify information on GameDay Gear or any related website except as required by law.
GameDay Gear reserves the right at any time to change the price for our products or services at any time, without notice. We reserve the right to modify or discontinue GameDay Gear or our services at any time, without notice. GameDay Gear will not be liable to you or any third-party for modifications, price changes, suspensions, or discontinuations of our Service.
You agree to be held liable for the setup charges for embroidered logos in the event you cancel your order. You will be provided with the DST embroidery file for the work that has been completed.
Purchase Conditions for Products and Services
Certain products or services may be available exclusively online through GameDay Gear; other products or services may be listed on GameDay Gear but require further discussion with GameDay Gear for purchase.
Products may have limited quantities. The return and/or exchange of our products are governed by our Return Policy. We reserve the right to limit the quantities of products or services we offer for any reason, or to discontinue any product at any time.
We cannot guarantee that your computer or electronic monitor will display the most accurate color of the product you wish to purchase. We have taken commercially reasonable steps to display colors as accurately as possible. Please contact GameDay Gear to purchase a product sample if you wish to see an actual representation of the product.
We cannot guarantee that the products, services, information, or other material purchased or obtained by you will meet your individual expectations.
You agree that the content, artwork, logos, and personalization information you submit on GameDay Gear accurately depicts the design features you wish to include on your products, and that you will contact GameDay Gear before your product goes into production to make any modifications or changes. You agree that, upon approval, GameDay Gear will not accept returns of decorated items unless they have been decorated incorrectly or are defective upon receipt.
GameDay Gear reserves the right to modify product descriptions at any time, at our sole discretion.
Accounting and Billing
For all purchases made on our store, you agree to provide current, complete, and accurate purchase and account information. As needed, you agree to update your account information to reflect the most current, most accurate information, including your email address, phone number, and credit card numbers and expiration dates, so that we can facilitate your orders and contact you where necessary.
We reserve the right to refuse an order, limit quantities purchased, or cancel an order at our sole discretion for any order placed on GameDay Gear. We will attempt to notify you of order modifications and cancellations by contacting you at the email address and phone number you provided upon purchase.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party"s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
GameDay Gear respects the intellectual property of others, and we are committed to the appropriate and legal use of intellectual property. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on GameDay Gear (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by GameDay Gear and/or its affiliated partners.
GameDay Gear will respond to notices of alleged copyright infringement that comply with applicable intellectual property law. We reserve the right to terminate the right of infringers to use the Site. GameDay Gear cannot warrant non-infringement of intellectual property. You agree to limit your use of all Licensed Marks to comply with any restrictions or conditions imposed on the use and access of such marks by the third parties that control them.
Products created using GameDay Gear should not be resold commercially. In the event you wish to resell the products you create on our Site, you agree to contact GameDay Gear to verify the legality and/or permissibility of reselling these products prior to doing so.
Content that portrays irresponsible use of alcohol or other substances or advocates persecution based on gender, age, race, religion, disability or national origin, or that contains explicit sexual content is considered inappropriate for production through GameDay Gear. We reserve the right to remove content that meets the aforementioned conditions at our sole discretion. You agree to not use GameDay Gear to create material that meets these aforementioned conditions or infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights of any third parties.
Prohibited Uses of GameDay Gear-hosted websites
You are prohibited from using GameDay Gear websites in a manner that would cause you or us to violate any applicable local, state, provincial, national, or international laws, rules, regulations, or ordinances.
You may not use the Site or its content:
For any unlawful purposes or to solicit others to perform unlawful acts
To infringe upon or violate intellectual property rights or GameDay Gear or others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or for any obscene or immoral purpose
To upload any malicious code or viruses that will or may be used in any way that will affect the functionality or operation of GameDay Gear or of any related website, other websites, or the internet, or that will or may compromise any security measures with respect to the Site or any data or file transmitted, processed or stored on or through the Site
To spam, phish, pharm, pretext, spider, crawl, or scrape
GameDay Gear reserves the right to terminate your account and your relationship with the business and our Services at any time on any GameDay Gear websites for violating any prohibited uses.
Limitation of Liability
We cannot guarantee that the products you purchase on our site or any results obtained from the use of our service will be accurate, reliable, or up to your expectations.
We cannot guarantee that use of our websites will be uninterrupted, timely, secure, or error-free, and you agree that we may remove or cancel the service for an indefinite period of time at our discretion, without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GameDay Gear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify and hold GameDay Gear and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims or demands, damages, costs and expenses, including reasonable attorneys" fees, arising from or relating to your use of GameDay Gear’s Site and the Service, your violation of this Agreement, or your violation of any rights of another.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
You reserve the right to terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. These Terms are effective unless and until terminated by you or GameDay Gear. We may terminate your account and our Services to you if, in our sole judgement, we suspect that you have failed to comply with any term or provision of these Terms, without notice, and you will remain liable for all amounts due up to and including the date of termination.
GameDay Gear’s failure to exercise or enforce any of these Terms shall not constitute a waiver of said Term.
Terms and Conditions constitute
an entire agreement and an understanding between you, the user, and GameDay Gear, related to the subject matter contained therein suspending any prior or contemporaneous agreements, communications, conversation, or proposals, including prior versions of the Terms of Service.
We administer GameDay Gear from our offices in East Providence, RI, USA. We make no representation that the Site is appropriate or available for use outside the United States, and access to the Site from territories where its use is illegal is prohibited.
These Terms and Conditions and any separate agreements whereby GameDay Gear provides its services shall be governed by and construed in accordance with the laws of the State of Rhode Island.
SECTION 20 - CONTACT INFORMATION