terms of service

 

You accept these terms and conditions by accessing or using the site in any way. Any individual or organization that uses crawlers, robots, browsers, data mining or extraction tools, or other functionality to interact with the Site, whether installed or placed by the individual or organization in question or by a third party, is deemed to be accessing the Site. You must cease using the Site right away if you ever decide that you do not agree with any or all of these Terms & Conditions.

 

Aspire Athletics or its suppliers or licensors are the sole owners or licensees of all content on the Site, including all text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other materials (collectively, "Content"). This content is covered by copyright, trademark, patent, and other proprietary rights. All content on the Site is the sole property of Aspire Athletics and is thus protected by both domestic and international copyright laws in its collection, organization, and assembly. The intellectual property rights in all Content are expressly reserved by Aspire Athletics and its suppliers and licensees.

 

Insofar as such use does not conflict with these Terms & Conditions, including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions, Aspire Athletics hereby grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY. For as long as you don't change or modify the Content in any way, remove or alter any copyright or trademark notices, or otherwise violate these Terms & Conditions, you are permitted to download, print, and copy Content for personal, non-commercial uses only. It is a serious violation of these Terms & Conditions to access, download, print, post, store, or otherwise use the Site or any of the Content for any commercial purpose, whether on your own behalf or on behalf of another else. Individuals must be at least 13 years old to utilize the site. You may only use this Site if your parent or legal guardian is present, and you are at least 18 years old.

 

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Aspire Athletics that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

 

 

To access specific services or features of the Site, you might need to register with Aspire Athletics. We reserve the right to deny your request for a username in connection with any such registration. You won't divulge your username or password to anyone or any other third party; they are just for your own use (other than Aspire Athletics). If you use the Site, you are in charge of keeping your account and password confidential, preventing unauthorized access to your computer, and accepting responsibility for all activities that take place under your account or password. In addition to all other rights available to Aspire Athletics including those set forth in these Terms & Conditions, Aspire Athletics reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

 

Aspire Athletics may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Aspire Athletics reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Aspire reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

Aspire Athletics welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Aspire Athletics to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Aspire Athletics assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Aspire Athletics a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Aspire Athletics the right to include the name provided along with the User Content submitted by you; provided, however, Aspire Athletics shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as Aspire Athletics Aspire Athletics the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Aspire Athletics neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Aspire Athletics.

 

If you wish to purchase any product or service made available through the Site including items sold by Aspire Athletics (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Aspire Athletics the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

For Same Day Delivery orders placed through the Site, Aspire Athletics will temporarily authorize your payment card for your order amount plus an additional amount to allow for substitutions and special requests related to your Same Day Delivery order. You will only be charged for the items you receive. The final total will be shown in your account and provided via email after your order.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Aspire Athletics reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Aspire Athletics or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

 

 

Aspire Athletics does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.

 

Aspire Athletics strives to display as accurately as possible the colors of the products shown on the Site; however, Aspire Athletics cannot and does not guarantee that your monitor’s display of any color will be accurate.

 

If an item is out of stock, Aspire Athletics may, at its sole discretion and without additional charge to you, substitute another item for the out-of-stock item if it decides that the same brand and product is available in a form that is of equal or greater value, such as a larger quantity, packaged with a trial sample, or with updated product packaging.

Aspire Athletics' acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Aspire Athletics makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. Aspire Athletics, reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

 

Aspire Athletics offers shipping services to all locations within our business area. Our standard shipping times are 3-5 business days for domestic shipments and 7-14 business days for international shipments. Please note that delivery times may vary depending on your location and the shipping method you select. Pre-orders take 1-16 business days for the order to be made. Once made and packaged it will ship out with 5-8 business day shipping. The mentioned delivery time is just an estimation and not accurate and depending upon natural and other factors, it may vary.

Aspire Athletics use's reputable carriers to ship all our orders. Shipping charges are based on the weight of your order and location. We may offer free shipping for orders above a certain amount, which may vary depending upon the season and promotions.

Aspire Athletics takes care to ensure that all our products are well packaged and protected during shipping. If your order arrives damaged, please contact us within 48 hours of receipt, we will arrange for a replacement.

Please note that Aspire Athletics is not responsible for any custom duties or taxes that maybe charged for international shipments. These charges are the responsibility of the costumer.

If you have any questions or concerns regarding our shipping policy, please feel free to contact us, and we will be happy to assist you.

 

• ALL ORDERS ARE FINAL SALE/LIMITED RELEASED ITEMS.

Aspire Athletics wants you to be completely satisfied with your purchase. If you are not satisfied with an item, you may return it for an exchange within 30 days of receipt only if defective.

 

To be eligible for an exchange, the item must be unused and in the same condition that you received it. It must also be in original packaging.

 

To initiate an exchange, please contact us with your order number and the reason for the return. We will provide you instructions on how to exchange the item.

 

Please note that your purchase is non-refundable, and you can only exchange the product with a proof of defect.

 

 

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

 

Aspire Athletics’ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Aspire Athletics’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Aspire Athletics that your copyrighted material has been infringed. Aspire Athletics does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Aspire Athletics will respond by either taking down the allegedly infringing content or blocking access to it. Aspire Athletics may contact the notice provider to request additional information. Under the DMCA, Aspire Athletics is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Aspire Athletics a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

DMCA Designated Agent

Aspire Athletics:  PO Box 2213, Alliance Ohio 44601, United States

email: hello@aspireathletics.com

 

 

 

Aspire Athletics cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY ASPIRE ATHLETICS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ASPIRE ATHLETICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM ASPIRE ATHLETICS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, ASPIRE ATHLETICS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

ASPIRE ATHLETICS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

 

The Site is controlled and operated by Aspire Athletics from the United States and is not intended to subject Aspire Athletics to the laws or jurisdiction of any state, country or territory other than that of the state of Ohio United States. Aspire Athletics does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the state of Ohio United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

UNDER NO CIRCUMSTANCES SHALL ASPIRE ATHLETICS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF ASPIRE ATHLETICS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND ASPIRE ATHLETICS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ASPIRE ATHLETICS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

 

As a condition of using the Site, you agree to protect Aspire Athletics and each of its employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, enquires, claims, lawsuits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that, if true, would violate any law or the rights of any.

 

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and Aspire Athletics with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

 

 

If you have any concerns about Aspire Athletics or your use of the Site, please contact us at hello@aspireathletics.com with a detailed description, and we will try to resolve it.