1lacrosse.com Terms of Use

These Terms of Use contain the terms and conditions governing your use of this website, 1lacrosse.com (the “Site”) which is owned by “1 Lacrosse” and your use of other Internet sites on which these Terms of Use are posted. 1 Lacrosse is a sporting goods company that designs, manufactures, sources and sells a broad range of lacrosse equipment, accessories, and apparel. By using this Site, you expressly accept and agree to abide by all the terms and conditions contained in these Terms of Use. Do not use the Site if you do not accept and agree to these terms and conditions. Unless otherwise provided herein, any reference to “we,” “us” and “our” shall mean 1 Lacrosse.

PERMITTED USE

The Site is available only for your personal use, limited to viewing the Site, providing information to the Site, downloading product information or other materials made available for download for your personal use, purchasing products, and accessing any other features or functions made available to you on the Site. Any use by you of the Site is governed by and must be in compliance with the terms and conditions set out in these Terms of Use.

AGE RESTRICTION

The Site is intended for use by individuals 13 years of age and older. You are not permitted to use this Site if you are under 13 years of age. If you are under 13 years of age, please ask your parent or guardian for assistance in accessing this Site. If you are under the age of 18, but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

OWNERSHIP

1 Lacrosse owns the Site. We own or have rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, games, text, software and other content of the Site ("Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site ("Code"). The Content and Code of the Site are protected by copyright and other intellectual property rights. Except for the uses permitted above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without our prior written agreement. You may not use the Content or Code for any purposes other than those set forth above. All names, logos and trademarks which appear on the Site are our property or are used by us under license. You may not use any of them for any purpose without our prior express written permission. Your failure to comply with these Terms of Use will constitute breach of contract, may violate our copyright, trademark and other proprietary and industrial property rights and may subject you to liability for damages.

THIRD-PARTY CONTENT

In addition to the Content, this Site may contain references to other content owned by third parties, including, but not limited to music and games. No such references imply endorsement of such content, and you must comply with all applicable law related to the procurement or use of any such third party content.

NO LICENSE

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any proprietary or industrial right of 1 Lacrosse or any third party.

PRICING, AVAILABILITY, ORDERING AND SHIPPING

We are not responsible for typographical errors regarding price or any other matter. You are solely responsible for any actions taken in reliance on any material or information contained in this Site. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Additionally, we reserve the right, at our sole discretion, to limit the quantity of items purchased. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases, unless otherwise stated. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests for shipment to addresses outside the United States cannot be filled. Title and risk of loss for all Products ordered by you shall pass to you on 1 Lacrosse’s shipment to the shipping carrier.

USE OF INFORMATION SUBMITTED BY YOU

Note: This section does NOT apply to personal information or data, submissions, or disclosures that you supply to a public area or section of the Site such as those described in “PUBLIC AREAS, REGISTRATION INFORMATION AND SECURITY“ below. Please see our Privacy Policy Statement for information regarding our treatment of Personal Information which you submit to a non-public area of the Site. However, if we publish information, photographs, testimonials, questions, comments or other information that you submit to us for potential publication, we may identify you as the source of such information by first name and city of residence or as otherwise indicated on the applicable submission pages.

If you respond to us with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential, although it will be subject to our Privacy Policy Statement regarding Personal Information submitted to a non-public area. All such submissions shall be deemed the property of 1 Lacrosse, and your submission of information shall constitute an assignment to us of all worldwide right, title and interest in such information. We are not liable for any use or disclosure of such information. We have no obligation to keep such information confidential and are free to reproduce, use, disclose and distribute the information to others without limitation. We are free to use, without financial or other obligation, any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

We welcome your comments and suggestions on our Site and about our products, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. By submitting information, you warrant that we may publish same, use it as part of our operations, and incorporate its concepts in our products without liability, or financial or other obligation to you or others. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.

We may provide the opportunity for you to submit photographs, testimonials, questions, comments, and other content regarding our products for potential publication on the Site. If you submit a testimonial, question, photograph, comment, statement, or other content to us for potential publication on the Site, you also agree to the terms and conditions relating to such activities that are contained on the applicable submission pages of the Site. In addition, you agree that we may monitor, edit or alter your submissions, although we have no obligation to do so.

You may submit only materials that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any information, questions, testimonials, comments, statements, photographs, or other matters or materials.

PUBLIC AREAS, REGISTRATION INFORMATION AND SECURITY

You may also have the opportunity by visiting public areas or sections of our Site to send electronic cards (“e-cards”) and send-a-friend emails, or participate in certain activities (such as “clubs,” “wish-lists,” or “registries”) by registering, and we may collect certain information in order to operate this Site, fulfill your requests, or enable participation in these activities. You agree that the information you provide to us when registering for such opportunities is accurate and does not contain inappropriate language or images or copyrighted material (without the written consent of the copyright owner) or encourage illegal activity.

You also acknowledge that any submissions you submit in a “public” area of our Site, such as the above-referenced sections or activities, and other areas or features that may allow members of the general public to view such submitted content on the Internet, may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and therefore you have no expectation of or right to privacy with regard to any such submission. We have no obligation to monitor any submissions, particularly as to the content of e-cards or similar features where visitors have the option of creating a message. You acknowledge that such public areas and features offered therein are public and not private communications. We cannot guarantee the security of any information you disclose; you make such submissions and disclosures at your own risk. We are not responsible for any errors, omissions, or offensive material contained in any content posted in any public areas or any decisions made or actions taken or not taken based on such information or content.

DISCLAIMERS

We publish information on this Site as a convenience to you and other visitors. While we intend that all information contained in this Site is reliable, accurate and timely, we do not accept liability for any inaccuracy, error, misstatement, or omission in any material or information contained in this Site, regardless of whether the material or information is originated by us or a third party. This Site may contain inadvertent technical or factual inaccuracies and typographical errors, and out-of-date information may not yet be updated. The product information provided on this Site is for information purposes only. In particular, although we have made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings, and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Site at any time without notice. The 1 Lacrosse products described in this Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in our Site will be available for purchase in all jurisdictions.

Information contained on the Site, including "expert" responses to questions, is general in nature and is not a substitute for professional advice. You acknowledge that people answering questions on this site, including those referred to as "experts," have varying levels of expertise and have not been certified as "experts" by us. We have not undertaken to verify the credentials or abilities of any such people, and their responses to questions should be used for informational purposes only. Before you act on information that you have found on the Site, you should independently confirm any facts that are important to your decision.

We operate the Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and promise and represent that you are not subject to them. We make no representation that materials or services at this Site are appropriate or available for use outside the United States and accessing our Site from territories where its content is illegal or restricted is expressly prohibited. We make no warranties of any kind regarding any third-party non-1 Lacrosse sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-1 Lacrosse sites. Unless otherwise agreed in writing, you are granted a limited, non-exclusive, revocable right to create hyperlinks to this Site, so long as: (a) the links are only to the home page of this Site (except in the instance of links to product description(s) in which case you must maintain the ongoing accuracy of the link), (b) the links only incorporate text, and do not use any of our trademarks, (c) you do not replicate Site content, (d) the links and related content on your site do not suggest any affiliation with 1 Lacrosse or cause confusion among consumers, (e) the links and related content on your site do not portray 1 Lacrosse or its products or services in a false, misleading, derogatory, or otherwise offensive manner, (f) the links and related content on your site are not operated for any commercial purposes and (g) links to our sites are not embedded into or otherwise contained within frames representing your website. You assume all responsibility and risk with respect to your use of the Site. You agree to defend, indemnify and hold harmless 1 Lacrosse and against any and all claims, damages, costs and expenses, including attorneys’ fee, arising from or related to your use of the Site. All information contained on the Site is provided to you “AS IS,” and we disclaim to the fullest extent permitted by law all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. We do not warrant that the Site is free of computer viruses, bugs or other harmful components. We do not warrant that the functionality of the Site will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. We have no duty to update the Site or modify its Content or Code, and we are not liable for our failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 1 LACROSSE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF (A) ONE HUNDRED FIFTY DOLLARS (US$150.00) OR (B) THE TOTAL AMOUNT OF PURCHASES (INCLUDING TAXES AND SHIPPING AND HANDLING) FROM THE SITE IN THE PAST SIX (6) MONTH PERIOD IMMEDIATLEY PRECEDING THE OCCURENCE ON WHICH THE CLAIM IS BASED.

TERM; ACCESS; REVISIONS; PARTIAL INVALIDITY

These Terms of Use are effective until revised or terminated by 1 Lacrosse. You may terminate your acceptance of these Terms of Use for all periods after you discontinue any further use of this Site. 1 Lacrosse may also terminate this Agreement at any time and may do so immediately without notice. We reserve the right to deny you access to the Site or to revise the services and products described in the Site at any time without notice. Such revisions will be effective as soon as we make them. Upon any termination of the Agreement by either you or 1 Lacrosse, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any rights you give 1 Lacrosse prior to your cessation or termination of the use of the Site shall continue unaffected.

We may at any time revise these Terms of Use. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site. These Terms of Use are effective on and were last updated on August 8, 2007. Your continued use of this Site following the posting of changes to these Terms of Use will mean that you accept those changes.

QUESTIONS AND NOTICES

Questions concerning the use of the Site should be directed to customersupport(at)1lacrosse.com. When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) in order to be sure we handle your request correctly.

GENERAL

The Agreement to these Terms of Use created by your use of the Site represents the complete agreement between us and supersedes all prior agreements, understanding, and expectations, if any. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions of these Terms of Use deemed enforceable by applicable courts of law. You may be subject to additional terms and conditions that may apply when you use or purchase certain other 1 Lacrosse services or third-party services, content or software. In the event of any inconsistency between any additional terms and these Terms of Use, the additional terms shall govern as to their particular subject matter. The failure of 1 Lacrosse to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit 1 Lacrosse’s rights with respect to such breach or any subsequent breaches. This Agreement and any additional terms and conditions on the Site, shall be governed by and construed in accordance with Texas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in a state or federal courts sitting in Texas, and you consent to the exclusive personal jurisdiction of such courts. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Use or your use of any part of the Site must be asserted individually. Notwithstanding anything to the contrary, 1 Lacrosse may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.