- Shipping; In Store Pick Up
- Website Access and Use
- Promotional Emails
- Third-Party Links and References
- User Generated Content
- Disclaimer of Warranties and Limitation of Liability
- Copyright and DMCA
- Intellectual Property
- Claims; Applicable Law
- Claims Resolution
- Class Action Waiver
- Limited Time to File Claims
- Exclusions and Limitations; Consumer Protection Notice
[store_name] strives to provide you a great shopping experience and deliver value on our assortment of products and services. We operate [store_name] retail stores, the websites (each, a “Website,” and collectively, our “Websites”), the [store_name] mobile applications on the iOS and Android operating systems (our “Apps”), and various social media accounts (including Facebook, Twitter, Pinterest, YouTube, Snapchat, and Instagram). The Websites and the Apps are owned by [store_name], Ltd. d/b/a [store_name], and/or its parents, affiliates, and subsidiaries (collectively, “[store_name],” “we,” “us,” or “our”).
Please read our Accessibility statement here.
Our Sites allow you to place orders quickly and easily as an unregistered guest or by registering a password protected account. However, some services on our Sites may not be available to you if you do not create an account. If you create an account, you are responsible for: (a) maintaining the confidentiality of your account, account information, username, and password and for restricting access to your account and account information, (b) accepting responsibility for all activities that occur under your account, username, or password, (c) providing true, accurate, current, and complete registration information for all required fields about yourself on all forms you complete; (d) maintaining and updating this information to keep it true, accurate, current; and (e) immediately notifying [store_name] of any suspected unauthorized use of your account, account information, username, or password. Your registration on our Sites is personal to you and is not transferable. We are not responsible for any loss that results from unauthorized use of your account or account information. In case of any actual or suspected loss, theft, or unauthorized use of your account or account information, you must immediately notify Customer Care.
Until the time [store_name] ships your order or you pick up your order at one of our stores, [store_name] may modify, decline, or cancel your order placed on our Sites, or any portion thereof, even after you receive an order confirmation. We also reserve the right, at our sole discretion, to limit the quantity of items ordered, refuse service to any customer, terminate accounts, remove or edit content, prohibit sales to resellers, dealers, and similar, and/or to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. Some situations where we may cancel your order include inaccuracies or errors in product or pricing information, limited quantities, or problems with the chosen payment mechanism. We may require additional information or need to verify information before accepting your order. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. By placing an order on our Sites, you represent that the items ordered will be used, possessed and transferred only in a lawful manner.
In compliance with applicable laws, some of our merchandise offerings are only available for purchase by individuals meeting certain criteria, including but not limited to age and residency. In addition, some of our merchandise offerings may require that you complete certain relevant paperwork prior to purchase.
Please note that [store_name] does not accept orders submitted from California or international locations (other than military APO/FPO/DPO addresses via US Postal Service). We reserve the right to cancel any orders in violation of these limitations.
All prices, features, content, and specifications listed on our Sites are subject to change at any time without notice. Although [store_name] strives to provide the most accurate pricing and product information possible, pricing and product information errors may occur on our Sites from time to time. You agree that [store_name] is not responsible for any pricing or product information errors. If an item is listed at an incorrect price, [store_name] may refuse or cancel any orders placed for that item. [store_name] will not charge you more than the listed price for an item without your consent. Sometimes an online price will not match the price in our retail stores, and [store_name] may maintain different prices for items offered for sale through different sales channels. Taxes, shipping and handling fees (which may exceed actual shipping costs), and other fees are separate from the price and may vary by jurisdiction, store location, or delivery address or method.
[store_name] does price match. For [store_name]’s Price Match Policy please see [store_name].com/pricematch.
[store_name] may change accepted payment methods at any time without notice. When you present your payment online, you guarantee that you have the right to use that form of payment. We do not accept personal checks, money orders, or cash payments for online transactions. We may require credit cards and debit cards to be issued by an institution in the United States and/or in the jurisdiction where you are located and to be linked to a billing address in the same jurisdiction. For products purchased from our Sites using a credit card, an authorization hold may be placed on your credit card when you place an order. We do not charge you for an item until a shipping label has been generated for your item, the item in your order is delivered to the carrier or picked up in the store, as applicable. For products purchased from our Sites using a gift card, a card authorization hold in the amount of the full purchase price will be applied to your gift card when you place the order and the value will be deducted from your gift card once a shipping label has been generated for your item, the item is delivered to the carrier or when you pick up your item(s) in the store, as applicable. If your gift card value is less than the value of your purchase, an additional form of payment will be required. If an order for an item purchased with a gift card is cancelled, the card authorization hold in the amount applicable to the cancelled item will be released and the applicable funds will remain on your gift card.
Shipping and handling fees (which may exceed actual shipping costs) are separate from the product price and may vary by jurisdiction or delivery address or method. When an order is placed for delivery, it will be shipped to the address you designate during the order process, as long as such shipping address is compliant with the shipping restrictions contained on our Sites.
If your order includes multiple items, certain items may ship separately resulting in partial shipments.
Please note that [store_name] does not currently ship items to Alaska, California, or Hawaii, U.S. territories, such as Puerto Rico, or international destinations (other than military APO/FPO addresses via US Postal Service).
The risk of loss and title for your purchase(s) pass to you once we deliver your item(s) to the carrier.
Some items ordered from our Sites may be available for pick up in a store of your choice. If an item is available for pick up, you will be presented with the option to pick up your item in store when selecting it for purchase. After placing your order, we will send you an email and/or text message with your estimated pick up time. Please consult your order time confirmation email or text for your specific estimated pick up time. All pick up times are estimates. While we strive to meet specified pick up times as quoted, we do not make any guarantee that your order will be available at any specific time. We will not have any liability for any order delays. You can find additional details regarding Buy Online, Pick Up in Store here.
Our return policy reflects a commitment to customer satisfaction. Our return policy is available in our stores and on our Website here. By continuing to use our Sites, you also agree to be bound by the terms of our return policy. If you have questions about the return policy, please contact Customer Care.
[store_name] grants you a limited license to access and make personal use of our Sites, but not to download (other than page caching) or modify them, or any portion of them, without the express written consent of [store_name]. This license does not include any resale or commercial use of our Sites or their contents; any collection and use of any product listings, descriptions, photos, or prices; any derivative use of our Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our Sites or any portion thereof for any commercial purpose without [store_name]’s express written consent. You must not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of [store_name], or use any meta tags or any other “hidden text” using [store_name]’s name or trademarks, without the express written consent of [store_name]. Any unauthorized use automatically terminates the license granted by [store_name]. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Sites as long as you do not portray [store_name] or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any [store_name] logo or other proprietary graphic or trademark as part of the link without the express written consent of [store_name].
[store_name] reserves the right to add, change, discontinue, remove, or suspend any content displayed on our Sites, including features and specifications of products and services on our Sites, temporarily or permanently, at any time, with or without notice. You agree that [store_name] will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Sites.
SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
We may make marketing offers by sending our periodic email messages to you. If you have provided us with your email address and have not opted out of receiving such messages from [store_name], you may receive these messages. You are not required to sign up to receive our marketing email messages as a condition of making a purchase.
You can sign up to receive periodic promotional emails on our Website.
If you no longer wish to receive periodic marketing messages, you must notify us by unsubscribing using the link at the bottom of our promotional emails, logging into your account and indicating your notification preference in your Profile, or by contacting our Customer Care team at [store_phone] or emailing our team at [store_email].
11. Third-Party Links and References
Our Sites may contain links or references to names, marks, products or services of third parties, or links to other Sites on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply [store_name]’s endorsement, sponsorship or recommendation of the third party or its information, products or services. If you use these references or links, you may leave our Sites and you do so entirely at your own risk. [store_name] is not responsible for, and does not make any representations regarding any third party’s products, services, practices, policies, or website content.
User Generated Content does not represent [store_name]’s views. User Generated Content is not actively monitored by [store_name]. [store_name] is not responsible for monitoring any message boards, chat rooms, customized gift messages, or online forums that may be on our Websites. [store_name] reserves the right to remove or edit any material we deem objectionable, offensive or inappropriate at any time. You are prohibited from posting or transmitting unlawful, threatening, defamatory, disparaging, obscene, inflammatory, discriminatory, harassing, pornographic, profane, or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, cause civil liability, or violate any applicable law. You are solely responsible for any User Generated Content you post, publish or display on our Websites or transmit to others. [store_name] assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, disparagement, error, omission, inaccuracy, obscenity, pornography, profanity, or danger.
SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
[store_name] is not responsible for Google’s terms and conditions and will not provide notification to you if those terms change. You are solely responsible to check Google’s terms and conditions for any updates or changes.
[store_name] cares about the security of our Websites’ users’ information and takes reasonable precautions to protect financial and personal information sent or received during your use of our Websites. Some examples of security measures we use to protect your personal information, include:
- Requiring passwords for account access, which helps to protect your account information. Please keep your account credentials, including your password, confidential.
- Encryption technology, called Secure Sockets Layer (SSL), which helps to protect personal information in certain areas of our Websites during transport across the Internet. The presence of SSL encryption may be indicated by “https” in the browser URL or the image of a closed lock or solid key in the browser window. These indications may not be present in mobile services that use SSL.
[store_name] strives to be accurate in descriptions of products and services. Except as prohibited by New Jersey, California or other applicable law, [store_name] does not warrant that product descriptions or other content of our Sites are accurate, complete, reliable, current, or error-free. If a product or service offered by [store_name] is not received as described, your sole remedy is to return it pursuant to the Return Policy. Please note that the actual colors you see for each product will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, sizing information, and similar descriptions are approximate and are for convenience only.
Certain products or services offered by [store_name] may have special restrictions or conditions of use, and you can find these unique restrictions and/or conditions of use on our Websites’ page associated with each specific product or service. [store_name] provides these restrictions and conditions of use, which are provided to [store_name] by the product manufacturer or distributor, or service provider, as a convenience to our customers. [store_name] does not warrant that such content is accurate, complete, reliable, current, or error-free. By virtue of your purchase, you will abide by any restrictions and conditions for your purchase, including those specific to your jurisdiction.
SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.
17. Disclaimer of Warranties and Limitation of Liability
OUR SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, SPECIFICATIONS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR THROUGH OUR SITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION, CONTENTS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OUR SITES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACADEMY DOES NOT WARRANT THAT OUR WEBSITES, THEIR SERVERS, OR COMMUNICATIONS SENT FROM ACADEMY ARE FREE OF MALWARE. ACADEMY ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR MALWARE THAT MAY INFECT YOUR DEVICE(S) DUE TO ACCESSING OUR WEBSITES OR DOWNLOADING OF ANY MATERIALS FROM OUR WEBSITES.
ACADEMY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITES, MATERIALS ON OUR WEBSITES, OR THE PRODUCTS OR SERVICES OFFERED BY ACADEMY OR ON OUR WEBSITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ACADEMY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ACADEMY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ACADEMY, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ACADEMY WILL NOT BE LIABLE FOR ANY DEFAMATORY, DISPARAGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF OUR WEBSITES. IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITES, OR ANY MATERIAL OR CONTENT ON OUR WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITES.
FOR WARRANTIES ON PRODUCTS, PLEASE REFER TO PRODUCT PACKAGING. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, ACADEMY MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE.
SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.
The contents and compilation of our Sites are the property of [store_name] or other respective owners that have granted [store_name] the right and license to use such material and protected by United States and international copyright laws. All Rights Reserved. All software used on our Sites is the property of [store_name] or its software suppliers and protected by United States and international copyright laws.
[store_name] respects the intellectual property rights of others and will investigate notices of alleged copyright infringement related to our Sites. If you believe any material accessible on or from our Sites infringe your copyright, you may request removal of that material (or access to it) from our Sites by submitting written notification to our copyright agent designated below. We will respond to properly submitted notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). When a proper notice is received, [store_name] will respond by either removing access to the material or by taking down the allegedly infringing material. Under the DMCA, [store_name] is required to take reasonable steps to notify the user who posted the allegedly infringing content that [store_name] has taken down the material and that user is allowed under the law to send a counter-notification. If [store_name] receives a proper counter-notification, [store_name] will restore the relevant material and notify you of such events and provide you a copy of the counter-notification.
Written notice concerning copyright claims (the “DMCA Notice”) must:
- Identify the copyrighted work(s), including a description of the copyrighted work(s), you believe to have been infringed. If multiple copyrighted works are covered by a single notice, a representative list of such works and relevant descriptions should be provided.
- Identify the location the allegedly infringing works in a manner reasonably sufficient to allow us to locate that material on our Sites.
- Provide adequate information by which we can contact the copyright owner directly: name, street address, telephone number, and email address (if available).
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner with regard to the alleged infringement.”
- Include the following statement: “I have a good faith belief that the use of the material in the notification is not authorized by the copyright owner, its agent, or the law.”
- Provide the physical or electronic signature of a person authorized to act on behalf of the owner of the alleged infringed copyright.
If you believe that your material was removed or disabled but is not infringing, or that you have proper authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the material, you may send a counter-notification to our DMCA Designated Copyright Agent.
Your written counter-notification should:
- Identify the content that has been removed or to which access has been disabled and the location of the content before it was removed or disabled.
- Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
- Provide your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located and that you will accept service of process from the person or an agent of such person or entity who provided the original notification of the alleged infringement.
If you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your DMCA Counter-Notification may not be effective.
All notices should be sent to our DMCA Designated Copyright Agent at either of the following addresses:
[store_name], Ltd. d/b/a [store_name]
Attn: Legal – Intellectual Property (DMCA Designated Copyright Agent)
Store Address : [store_address]
Please be aware that if you knowingly materially misrepresent that material or activity on our Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. The DMCA also provides substantial penalties for a false counter-notice. Those who make misrepresentations in their counter-notification statement may be liable for any damages (including costs and attorneys’ fees) incurred by any copyright owner, copyright owner’s authorized licensee or by [store_name], if injured by relying upon such misrepresentation.
All content included on the Sites such as text, graphics, logos, images, audio clips, video, data, music, and other material (collectively “Content”) is owned or licensed property of [store_name], its suppliers or licensors. The Content is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Sites is the exclusive property of [store_name] and is protected by U.S. copyright laws. [store_name], its suppliers and licensors, expressly reserve all intellectual property rights in all Content.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 20.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
BY ACCESSING AND USING ACADEMY’S SITES, YOU AGREE THAT JURISDICTION AND VENUE FOR ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY CLAIM WILL BE IN THE STATE OR FEDERAL COURTS LOCATED IN HARRIS COUNTY, TEXAS.
NOTWITHSTANDING ANY PROVISIONS IN THIS SECTION 21, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ACADEMY’S RIGHTS, WE MAY SEEK A TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF, OR OTHER SIMILAR RELIEF IN THE STATE COURTS OF THE STATE OF TEXAS OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, AND YOU CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN SUCH COURTS. YOU AND ACADEMY BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that the terms of this Section 22 will apply to any Claim you may wish to assert against [store_name] or any [store_name] Indemnitee.
SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 22.
23 . Limited Time to File Claims
Any Claim you may have must be made to [store_name] within one (1) year after the event giving rise to the Claim. If a Claim is not made to [store_name] within one (1) year, then you agree that you are not permitted to bring that Claim.
SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 23.
24. Exclusions and Limitations; Consumer Protection Notice