TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS OF USE (“Terms”) AND OUR PRIVACY POLICY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN PLEASE DO NOT ACCESS OR USE THIS WEBSITE.

This website (the “Site”) is operated by TDI, LLC, DBA “Team Sports Planet” and/or its subsidiaries (collectively referred to as “Team Sports Planet”) which provides this Site and other products and services to you when you visit or conduct business on Teamsportsplanet.com. Team Sports Planet provides goods and services to you subject to the following conditions. These terms and conditions may be changed or updated without notice at any time at our discretion.

This Site is provided on an AS IS and AS AVAILABLE basis. We make no warranty that the Site will operate in an error-free manner.

Do not use this Site if you are under the age of 18.

ACCOUNT

You are responsible for protecting your password and monitoring access to your account. You are responsible for all orders placed or other actions that are taken through your account.

COPYRIGHT

Unless otherwise indicated on the Site, all content and other materials on the Site, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Assets”) are the sole property of us, our licensors, or clients and are protected by copyright laws. It is strictly prohibited to re-distribute, copy, or republish any of the Site Assets.

CONTENT POLICY

We respect the intellectual property rights of others, and we insist that our customers respect intellectual property rights as well.

Content is defined as any information and/or material, including text and images that constitutes and/or substantiates any publication, document, website, or printed item.

You may not place or reproduce any trademarks, service marks, logos, or copyright protected works that are not owned by you or licensed to you onto materials or merchandise manufactured or distributed by Team Sports Planet.

You are responsible for all Content that you use, send, upload, post, or transmit via the Team Sports Planet website. Owing to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree not to use the Site to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to harm the personal property or reputation of another person, a threat to falsely accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, sedition, violence, or forcible resistance to any law of the United States; (iv) any defamatory remarks; or (v) any Content that infringes the intellectual property rights or other proprietary rights of Team Sports Planet.

You acknowledge that Team Sports Planet does not pre-screen any Content, but that Team Sports Planet and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates these Terms of Use or may otherwise be objectionable. You agree that Team Sports Planet may preserve Content and may also disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Team Sports Planet, its users, or the public.

THIRD-PARTY CONTENT

Team Sports Planet may make third-party information and other Content available on or through the Site (the “Third-Party Content”) as a service to those interested in this information and we may provide information regarding or access to third-party products or services available on or through the Site (“Third-Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with them, are solely between you and such third party. We do not control, endorse or adopt any Third-Party Content or Third-Party Products and Services, and make no representations or warranties of any kind regarding the Third-Party Content or Third-Party Products and Services. Team Sports Planet is not responsible or liable in any manner for any Third-Party Content or Third-Party Products and Services and undertakes no responsibility to update or review any Third-Party Content or Third-Party Products and Services. You use Third-Party Content and Third-Party Products and Services at your own risk.

PROHIBITED USES

You are solely responsible for all your activity in connection with the Site. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited, including, without limitation, the following:

You may not scrape, spider, crawl or use any other automated device (“bots”) or manual process to harvest data from the Site;

You may not, or attempt to, decompile, reverse engineer, disassemble, loan, sell or create derivative versions of the Site;

You may not access content or data not authorized for you or log onto a server or account that you are not authorized to access;

You may not, or attempt to, probe, scan or test the vulnerability of the Site or any associated system or network, or to breach security or authentication programs.

You may not, or attempt to, interfere with service to any user, host or network, including, without limitation, by means of submitting a virus or malware to the Site, overloading, flooding, spamming, mail bombing, or crashing;

You may not use information obtained from the Site to solicit other Site users;

You may not use the Site to transmit any false, misleading, fraudulent or illegal communications; and

You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user (i.e. “phishing”).

REMOVAL OF CONTENT AND DIGITAL COPYRIGHT POLICY

In our sole discretion, Team Sports Planet may monitor and remove any and all Content for any or no reason, including, without limitation, that which allegedly infringes another party’s copyrights.

GOVERNING LAW

Team Sports Planet is based in Virginia Beach, Virginia and has servers located in Virginia Beach, VA. This Site and your use of it are governed by the laws of the Commonwealth of Virginia, not including its conflicts of laws provisions. You agree to submit to the jurisdiction of the state and federal courts of Virginia Beach, VA, and agree that venue in these courts is proper in any legal action or proceeding arising from or related to the Site.

LIMITATION OF LIABILITY

In no event shall Team Sports Planet or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Team Sports Planet has been advised of possibility of the damage, arising out of or in connection with the use or performance of the Site or the failure to provide products and services that you order from Team Sports Planet or its affiliates, including damages arising from errors, omissions, virus, malware, delay, or interruption of service. In no event shall Team Sports Planet be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Site or its Content.

SEVERABILITY

If any part or provision of this agreement is found to be invalid, illegal, or otherwise unenforceable, the validity, legality, or enforceability of the remaining provisions of these Terms of Use shall continue to be in effect.

DISCLAIMERS

Content is provided AS IS. Team Sports Planet makes no claims or warranties that the Site Contents are suitable for specific purposes, are non-infringing, complete, timely, reliable, or are free from errors, inaccuracies, or typographical mistakes.

Except as provided elsewhere in these Terms, TEAM SPORTS PLANET DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF OTHERS.

TEAM SPORTS PLANET DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE IN AN ERROR-FREE MANNER, OR IS COMPLETELY FREE FROM VIRUSES OR OTHER HARMFUL CODE.

TEAM SPORTS PLANET MAKES NO GURANTEES THAT OUR UNIFORM PRODUCTS ARE 100% COMPLIANT WITH TEAM, LEAGUE, SCHOOL, CLUB, OR GOVERNING BODY (i.e. NFHS, NCAA, NAIA, ETC.) RULES AND REGULATIONS PERTAINING TO UNIFORM COLORS, DESIGNS, STYLES, FIT, LOGOS, NAMES, NUMBERING, OR BRANDING. CUSTOMERS AGREE TO INDEMNIFY AND HOLD HARMLESS TEAM SPORTS PLANET, IT’S EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND OWNERS FROM ANY AND ALL DAMAGES, CLAIMS, LIABILITIES, EXPENSES, OR PUNITIVE ACTIONS ARISING FROM UNIFORM REGULATORY NON-COMPLIANCE ISSUES.

LINKS

Links from this Site to a non-Team Sports Planet website may be provided for users’ convenience only. Team Sports Planet does not control or review these websites, nor does the presence of a link imply any endorsement of non-Team Sports Planet websites. Team Sports Planet is not responsible for the contents, accuracy, completeness, or security of materials on linked websites. If users elect to access any non-Team Sports Planet websites, they do so at their own risk.

INDEMNITY

You agree that you shall indemnify and hold harmless Team Sports Planet and all parties from whom Team Sports Planet has licensed portions of Content, and their owners, shareholders, members, directors, officers, employees, and successors and assigns against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other Content in connection this Site (iii) any suit, claim, or demand arising from the use or inability to use this Site.

REFUSAL OF SERVICE

We reserve the right to lawfully refuse service to any party or person, at any time, without disclosing the reasons for refusal of service.

PRICING

Pricing, including, but not limited to, product prices and estimated shipping costs, is subject to change at any time up until the point that your order is submitted. Once an order is submitted, pricing may change if the specifications or parameters of the order are altered.

PAYMENT TERMS

Credit Card Payment: We honor most credit cards. Payment for goods and services ordered is due in full at time of order, unless purchase qualifies for, and user selects the “Credit Card 50/50” payment option. For orders with decorated uniforms, we require a 50 percent deposit to get the order started, with the remaining balance due upon approval of your Art Proofs, usually about a week after the order is placed.

We are also able to accept checks and Electronic Funds Transfers for payments to begin an order – for those options, we ask for payment to be made in full before beginning the order.

Purchase Orders are accepted from schools, universities and corporations at the discretion of Team Sports Planet management.

We will charge the credit card on file for the remaining balance due upon Proof approval. If, for any reason, payment for the balance is not received, the order may not be shipped until paid in full.

ORDER APPROVAL

The customer is fully responsible for final proof approval prior to the manufacturing process.

Any errors resulting from a failure to read and comply with information provided in our Frequently Asked Questions (FAQ) and other instructional information published on the Team Sports Planet website will be the responsibility of the customer.

ORDER CANCELLATION

Team Sports Planet accepts cancellation of orders prior to proof approval subject to the cancellation fee. Once a proof is approved only the shipping is refundable. We will promptly inform you of any cancellation charges that may apply. Upon cancellation, any costs (labor, administrative fees, credit card fees, etc.) already borne by Team Sports Planet will be subtracted from your refund. The minimum cancellation fee is $15.

Orders on hold due to file, proof, payment, or approval issues will be cancelled by Team Sports Planet if no response is received from the customer within 30 days. Charged orders that have been cancelled due to lack of response will be subject to a cancellation fee as stated above.

COLOR PROOFING AND MATCHING

Electronic / PDF Proofs: An electronic proof in PDF format is available for any of our decorated products. An electronic proof is an industry-accepted method for approving the general appearance, style, content, and for making non-critical qualitative decisions about color.

Team Sports Planet uses state-of-the-art, high-quality reproduction equipment and techniques. We do our best to match densities of each color to ensure quality results. However, color perception is very subjective, and Team Sports Planet is not liable for the final appearance of printed and/or imaged colors.

CUSTOMER-SUPPLIED ARTWORK OR GRAPHICS FILES

All customer-supplied files, including artwork and images must be in CMYK color mode. Team Sports Planet is not responsible for color shifts that result from conversions from RGB or other color spaces to CMYK.

All customer-supplied files, including artwork, logos, and images must be at least 300 dpi minimum resolution. Vector art files are the preferred medium for quality reproduction. Team Sports Planet is not responsible for poor reproduction quality of customer-supplied images that do not meet the stated resolution standards.

Original customer-supplied artwork files and any associated customer-supplied transport or storage media will remain the property of the customer. Team Sports Planet will retain these files and storage media supplied by the customer for one month after project is shipped. If requested, Team Sports Planet will provide an estimated cost to return these materials to the customer.

TEAM SPORTS PLANET-SUPPLIED MATERIALS

All digital and analog artwork files, proofs, tapes, disks, electronic media, and any other items supplied by or designed by Team Sports Planet remain the exclusive property of Team Sports Planet.

SHIPPING DAMAGE

Team Sports Planet makes every effort to package final products so that they are not damaged in shipment. Sometimes, however, these precautions do not protect the shipped product because of the way containers, packaging, and boxes are handled during shipping. Therefore, Team Sports Planet does not guarantee against damage that is caused by the shipper, though we are available to assist you in claiming those damages.

RETURN POLICY

You must notify Team Sports Planet of any defects discovered in the ordered product within 6 business days of order acceptance or receipt of the product. In order to receive replacement, you must return (at your own expense) 100 percent of the defective product within 30 calendar days from the time when the ordered product delivery was taken.

All charges related to expedited delivery (Rush Charges or Shipping) are non-refundable, including those charges related to orders that are returned for any reason.

TURNAROUND DEFINITION AND GUARANTEE

Definition of Turnaround: Turnaround is the actual time it takes from when you approve your proof, or special materials are received (including fabrics, accessories, etc.), to when the project is ready for shipping/delivery. Shipping times are not included in the overall turnaround time. Actual delivery date depends on the shipping method chosen.

Weekends and observed holidays are not counted towards turnaround. Time required for custom designs is also not included in the overall turnaround time.

Team Sports Planet is not responsible for production delays caused by errors in customer-supplied files and/or specifications.

The cut off time for proof approval is 5:00 PM Eastern Time. For any orders that receive proof approval prior to 5:00 PM Eastern Time, the turnaround time begins on the following business day.

SHIPPING, DELIVERY, AND TRANSFER OF TITLE

Team Sports Planet will always act to make sure that production difficulties do not delay delivery schedules. In no case shall Team Sports Planet be liable for any consequential damages resulting from any delay in shipment or delivery.

Team Sports Planet will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction, and/or technical problems may delay the manufacturing process. In case of delay caused by technical difficulty, rush charges/fees may be refunded, waived, or otherwise credited on a prorated basis where applicable, at our sole discretion. However, technical difficulty shall not be grounds for order cancellation.

You agree not to hold Team Sports Planet liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues, or any other circumstances beyond Team Sports Planet’s direct control. Team Sports Planet shipment and delivery dates are calculated based upon estimates provided by our shipping suppliers.

You further agree that the shipping terms for all products are FOB (Free on Board) Shipping Point and ownership transfers from Team Sports Planet to the customer upon receipt by the Shipper. This means that the risk of loss, damage, and title for such items pass to you, the customer, upon receipt by the Shipper. Team Sports Planet is not responsible for delays, errors, damage, losses, or delivery failures that occur as a result of the shipping process.

Loss or damage claims can only be filed for orders over $50.00 US in value and can only be filed after 30 days from shipment.

When a shipment is not delivered due to an error made by the customer in submitting the proper shipping address, Team Sports Planet will reship the package with corrected address and charge you for any additional applicable shipping fees.

For products that are provided to the customer in an electronic format, the customer agrees that delivery of such product(s) shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic transmission or (b) at the time we transmit a notification that the product is available for downloading from one of our servers.