Welcome to the CBSportsLocker website (“CBSportsLocker Site”)
USE OF THE SITE
USE OF MATERIAL ON CBSPORTSLOCKER SITE
The information, art work, graphics, text, or pictures (collectively, "Materials") contained on the CBSportsLocker Site are protected by copyright laws and are the sole property of CBSportsLocker. You may not modify or use the Materials for any other purpose without CBSportsLocker’s express written consent. You may use the Materials and all other content of this site only for the purpose of shopping on the CBSportsLocker Site or placing an order on this site and for no other purpose. No Materials or other content from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without CBSportsLocker’s prior written consent. All rights not expressly granted herein are reserved. Any unauthorized use of the Materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
SITES LINKED FROM THE CBSPORTSLOCKER SITE
The sites linked from the CBSportsLocker Site are not under CBSportsLocker’s control, and CBSportsLocker does not assume any responsibility or liability for the operation of, or content, communications, material available at or through, or any such linked sites. CBSportsLocker does not intend links on the CBSportsLocker’s Site to be referrals or endorsements of the linked entities, and are provided for convenience only.
PRICING, INVENTORY AND TYPOGRAPHICAL ERRORS
Despite our best efforts, occasionally products at our site may be mispriced or the product description, photo or stock status may be inaccurate. In the event a product listed on the CBSportsLocker Site is mispriced, the stock status is inaccurate or the product description contains errors, CBSportsLocker shall at its sole discretion have the right to refuse and/or cancel any order for said product. If the correct price of an item is higher than our stated priced, we will, at our discretion, either contact you for instructions before shipping the item or we will cancel your order and notify you of the cancellation. If you have been billed and your order is subsequently canceled, CBSportsLocker will promptly issue a refund of the amount billed via the same form of payment used on the original transaction.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO CBSPORTSLOCKER SITE
THE CBSPORTSLOCKER SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. CBSPORTSLOCKER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THE CBSPORTSLOCKER SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS. CBSPORTSLOCKER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND WITH RESPECT TO THE CBSPORTSLOCKER SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT CBSPORTSLOCKER, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE CBSPORTSLOCKER SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS AND, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS AND/OR BUSINESS RESULTING FROM THE AFOREMENTIONED CONTAINED ON THE CBSPORTSLOCKER SITE OR THE LACK THEREOF AVAILABLE ON THE CBSPORTSLOCKER SITE. CBSPORTSLOCKER SHALL HAVE NO LIABILITY FOR:
CBSPORTSLOCKER SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING SERVICES, INFORMATION OR DATA ON THE CBSPORTSLOCKER SITE
- ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE SERVICES, INFORMATION OR DATA ON THE CBSPORTSLOCKER SITE, REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE SERVICES, INFORMATION OR DATA; OR
- ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SERVICES, INFORMATION OR DATA FURNISHED HEREUNDER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
YOU UNDERSTAND THAT CBSPORTSLOCKER IS NOT THE MANUFACTURER OF THE PRODUCTS PURCHASED BY CUSTOMER HEREUNDER AND THE ONLY WARRANTIES OFFERED ARE THOSE OF THE MANUFACTURER, NOT CBSPORTSLOCKER OR ITS AFFILIATES. EXCEPT AS EXPRESSLY STATED HEREIN, CBSPORTSLOCKER EXPRESSLY DISCLAIMS ALL WARRANTIES AND OTHER REPRESENTATIONS, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CBSPORTSLOCKER ARISING FROM ANY PRODUCTS PURCASHED FROM CBSPORTSLOCKER SHALL BE THE LESSER OF THE PRICE OF THE PRODUCTS PURCAHSED OR $20,000.00. IN NO EVENT SHALL CBSPORTSLOCKER, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND/OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD. THIS IN NO WAY AFFECTS THE TERMS AND CONDITIONS OF THE MANUFACTURER’S WARRANTY ON ANY PRODUCT SOLD, IF ANY. PRODUCTS OFFERED BY CBSPORTSLOCKER ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. USE IN ANY SUCH APPLICATIONS IS AT USER’S SOLE RISK. YOU ACKNOWLEDGES THAT NO REPRESENTATIVE OF CBSPORTSLOCKER IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF CBSPORTSLOCKER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT AMENDING SELLER'S WARRANTY.
PASSWORD AND ACCOUNT SECURITY
You are solely responsible for all access to and use of the CBSportsLocker Site by anyone using the login and password assigned to you whether or not such use of this site is actually authorized by you, including without limitation, all communications, orders, transmissions and all other obligations incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the login and password assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.
ORDER ACCEPTANCE AND PAYMENT POLICY
Your receipt of any electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. CBSportsLocker reserves the right at any time after receipt of your order to accept or decline your order for any reason. We do our best to ship all orders complete but we reserve the right to supply less than the quantity you ordered of any item. Unless other arrangement have been made in writing between you and CBSportsLocker, payment is required before your order will be shipped. Payment may be made by credit card or debit card (Visa, MasterCard, American Express, Discover) issued in the United States by a U.S. financial institution or any other payment method CBSportsLocker may choose to accept at our sole discretion. CBSportsLocker reserves the right to refuse any payment made in any form at our sole discretion. Orders with a value exceeding $10,000 (U.S. Dollars) may require written pre-approval with an acceptable method of payment as determined solely by CBSportsLocker. We may require additional verification or information before accepting any order or form of payment.
TITLE/RISK OF LOSS
The risk of loss and title for all items purchased via the CBSportsLocker Site pass to the User upon delivery of the item to the carrier.
TERMINATION AND EFFECT OF TERMINATION
User consents to receive electronic communications from CBSportsLocker, whether addressed to the e-mail address associated with such User's CBSportsLocker account or posted on the CBSportsLocker Site. User acknowledges and agrees that any communication via e-mail or by postings on the CBSportsLocker Site satisfies any legal requirement that such communications be made in writing.
If any Products purchased are being purchased for purposes of export, it is the User’s sole responsibility to appropriate export documentation from the United States Government before shipping to a foreign country. User agrees that it will not divert, use, export or re-export such items contrary to United States law. User expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, North Korea, Sudan, and Syria. User also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List. In addition, manufacturer warranties for exported goods may vary or even be null and void. CBSportsLocker, its shareholders, directors, officers, employees, agents, attorneys, and/or representatives shall not be liable in any way relative to the exportation of Products purchased from CBSportsLocker.
DISPUTES, APPLICABLE LAW AND JUSRISDICTION
All aspects of the arbitration shall be considered confidential and shall not be disclosed or disseminated by any party except as reasonably required to prosecute its claim or assert its defense to any such claim. The Arbitrator shall be required to issue prescriptive orders as may be required to enforce and maintain this covenant of confidentiality during the course of the arbitration and after the conclusion of same so that the results and the underlying data, information, materials and other evidence are forever withheld from public dissemination with the exception of this subpoena by a court of competent jurisdiction in an unrelated proceeding brought by a third party.
You agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against CBSportsLocker that is more than one year after the date of the applicable sales transaction invoice.
CLASS ACTION WAIVER
ADDITIONAL TERMS AND CONDITIONS
- Shipping Policy: (also accessible via a link on the bottom of the CBSportsLocker Site)
- Return Policy: (also accessible via a link on the bottom of the CBSportsLocker Site)
Text Marketing and notifications:
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 5 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.”
Version Date – 08-17-2020
Call CBSportsLocker at 1-888-871-1328 or email us at email@example.com with any questions.