Terms and Conditions of Use
Thank you for visiting www.Softballfans.com (The “Site”). Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement"). Your use of the Site constitutes your agreement to follow and be bound by the Agreement. If you do not agree to these terms, please do not use the Site.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information or place orders for products. By placing an order with Softballfans.com, you verify that you are over 18 years of age and are aware of all local, state and federal laws regarding the possession or carrying of the products you are ordering. Softballfans.com shall be held blameless for any infraction of laws by the purchaser.
External Links Policy
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits. Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.
We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please contact us.
Modifications and Terminations
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website's home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to [email protected]
, and providing us with information relating to your concern.
You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to [email protected]
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to [email protected]
, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
By creating an account and confirming this purchase, I am agreeing to allow Softballfans.com to contact me via email regarding any special promotions, events, policy changes, and/or other targeted information. In every correspondence, you will have the opportunity to opt out from receiving future emails.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
International orders are shipped at the customer's risk. By placing an international order, the customer assumes all risk of confiscation en route. If customs should confiscate or return the merchandise to us, the customer is still responsible for all shipping charges including return shipping charges.
Unless otherwise noted or agreed in writing, any items that you purchase through the Softballfans.com are warranteed by the manufacturers and not by Softballfans.com. Please see our return policy on our page HERE
and our manufacturer warranty page HERE
Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Indemnification, Assumption of Risk, and Limitations of Liability
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.
The information on our website is provided on an ''as is,'' ''as available'' basis. You agree that your use of our website is at your sole risk. We do not provide warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Softballfans.com does not warrant that a person or company may legally sell, purchase, possess, or carry any and all items offered according to federal, state, or local laws. These items include, but are not limited to pocket knives, switchblades, knuckle knives, edged weapons with concealed blades, and double edged blades. By purchasing any item from Softballfans.com, the buyer warrants that he is in compliance with all federal, local, and state laws and is legally able to purchase these items.
Knives can be dangerous if improperly handled. Please take the proper safety precautions and keep away from children.
Compliance with Governing Law and Dispute Resolution
You agree to obey all applicable laws while using our website. You agree that the laws of Delaware govern these terms and conditions of use without regard to conflicts of laws provisions.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and www.Softballfans.com agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and www.Softballfans.com agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Kent County, Delaware. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
Severability of These Terms and Conditions
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
Although Softballfans.com may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Softballfans.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Softballfans.com will fully cooperate with any law enforcement authorities or court order requesting or directing Softballfans.com to disclose the identity of anyone posting any such information or materials.
Terms and Conditions of Credit and "5% Back" Programs
THE Softballfans.COM CREDIT AND "5% BACK" PROGRAMS ("PROGRAM") IS OFFERED ONLY IN THE UNITED STATES AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, WHO ARE 18 YEARS OR OLDER AND HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AN AGREEMENT TO PURCHASE GOODS.
Softballfans.com and/or its affiliates (hereinafter the "Company") reserves the right in its sole discretion, for any reason, to terminate all or any portion of the Program by giving notice to this effect by means of a posting on the homepage of Softballfans.com (along with any new websites introduced, owned and operated by ROS, LLC the "Websites") and/or via another method of notice, as deemed appropriate by Company in its sole discretion.
You understand that your continued membership with the Company via the Account Agreement and/or your participation in this Program constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Program Terms"). We may at any time revise these terms and conditions by updating the Program Terms. You agree to be bound by subsequent revisions and agree to review the Program Terms periodically for changes to the terms and conditions. The most up to date version of the Program Terms will always be available for your review on the Websites.
How to Obtain Credits, Points, and Rewards
To participate in the Program, you must first open an account and register with the Company through any of the Websites.
Earning Credits for Performance of Specific Activities:
Persons registered with the Company may obtain Credits, Points and Rewards by performing various activities. Whether or not certain activities result in the issuance of Credits, Points and Rewards, and the amount of Credits, Points and Rewards to be issued for an activity, will be posted on the Websites and is determined by the Company in its sole discretion. Such activities include the "5% Back" Program (as described below and in the FAQs), the "Refer-A-Friend" program (as described below and in the FAQs), or possibly in the future, purchasing products and/or services from third party partners and/or completing specified tasks, surveys or providing articles. Within approximately 21 days after you have completed a specified activity (as determined by Company in its sole discretion; the appropriate amount of time depending on the specific activity), your account will be credited with the corresponding number of Credits, Points and Rewards (the appropriate number of Credits, Points and Rewards depending on the specific activity). In the event of a program termination, for all methods of obtaining Credits, Points and Rewards, the action to be taken by (or on behalf of) you must be completed no later than 5 calendar days after Company has given notice that the Program will be terminated; after such time, Company will not issue Credits, Points and Rewards to anyone, notwithstanding whether an action by (or on behalf of) you would otherwise result in the receipt of Credits, Points and Rewards under these Program Terms.
"5% Back" Program
The Company's "5% Back" Fan Rewards Program ("Rewards") will only be issued to the Company's Customers ("Customers") for promotional purposes, pursuant to these Program Terms and Conditions ("Program Terms"). The Company reserves the right to terminate all or any portion of the Fan Rewards Program, in its sole discretion, for any reason and at any time by updating these Program Terms.
Rewards are issued to promote Customer loyalty in proportion to dollars spent. Rewards are issued solely for promotional purposes and are not issued with respect to the purchase of any particular product(s). Rewards themselves have no intrinsic value and may not be redeemed for cash and serve merely as a means to recognize and incentivize purchases made on any of The Company's Websites. Rewards may not be purchased for cash and the Company will not sell Rewards. Rewards have no cash value and can only be applied for discounts off future purchases from the Company as you would utilize a coupon. Rewards may only be redeemed by or used for orders by the Customer for whom the account was created.
Rewards are offered as promotional items and are void if sold for cash or other consideration. Rewards cannot be sold, transferred for value, redeemed for cash, transferred to another Customer's account or pooled with Rewards in another Customer's account.
The Company reserves the right to adjust reward point totals based upon any unforseen system error issues, returns/exchanges, inventory issues and cancellations of orders.
Rewards are issued by ROS, LLC a Delaware Limited Liability Company. When you redeem Rewards, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Program Terms. All terms and conditions are applicable to the extent permitted by law.
How to Earn 5% Back
As a participant in the Fan Rewards Program, you will receive a Reward of 5% of the purchase price on purchases of select Company products (as indicated on the Websites) that are purchased on any of the Company's Websites. Purchase price is equal to the item price after all promotions, coupons, and discounts. Purchase price does not include tax or shipping. For example, if you purchase $100.00 worth of eligible products you will receive a Reward worth $5.00 that may be utilized on future qualified purchases. Rewards are cumulative and Rewards resulting from multiple purchases will accumulate in your customer account. Rewards can be used to purchase any product on any of the Company's Websites. Rewards cannot be used to purchase gift cards.
Rewards will be displayed in your Customer account within 48 hours after the purchased product(s) has shipped. You may not earn more than $60.00 of Rewards in any 90 day period. After 90 days, points expire.
If a product is returned, Rewards will be deducted from your account equal to the amount of Rewards earned for the applicable amount of that purchase.
How to Redeem 5% Back
Rewards will automatically appear in your Customer account after you make a qualified purchase, and will be automatically applied to future orders to the extent available and subject to the applicable limitations contained in these Program Terms. You will only be entitled to redeem Rewards if the following conditions have been satisfied:
1. You have sufficient Rewards in your Customer account at the time of purchase;
2. You select an eligible product(s)from one of the Company's designated Websites with respect to which Rewards may be utilized; and
3. When making a purchase, the total purchase price [excluding any taxes or shipping charges] equals or exceeds the value of the Reward.
If an order exceeds the amount of the Rewards used, the balance must be paid with a credit card or other available payment method. No cash will be provided in connection with any redemption of the Rewards or in the context of returns of products.
To view your Reward point balance, login and please visit "My Account". Your Reward point balance also appears at the top of the page next to the trophy icon.
How to Contact Us
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to [email protected]
, and providing us with information relating to your concern.
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.
This Terms and Conditions of Use was last updated on June 2nd, 2014.