SITE USE TERMS AND
CONDITIONS AND PRIVACY POLICY
Fieldhouse, Inc. provides all information on the Fieldhouse.com and Fieldhousestore.com, and/or fhstore.com, and other web sites (together with the underlying source HTML files that implement the hypertext features, this "Site") exclusively under the following Terms and Conditions:
IF YOU
DO NOT AGREE...
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST
IMMEDIATELEY TERMINATE YOUR USE OF THIS SITE.
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title, and interest (including all copyrights,
trademarks, and other intellectual property rights) in this Site belong to
Fieldhouse Inc or its respective owners. In addition, the names, images,
pictures, logos, and icons identifying Fieldhouse, Inc. products and services
in many countries are proprietary marks of Fieldhouse Inc. and/or its
subsidiaries or affiliates. Except as expressly provided below, nothing
contained herein shall be construed as conferring any license or right, by
implication, estoppel, or otherwise, under copyright or other intellectual
property rights.
1.2 You are hereby granted a nonexclusive, nontransferable, limited
license to view, reproduce, print, and distribute insignificant portions of
materials retrieved from this Site provided: (a) it is used only for
informational, non-commercial purposes; and (b) you do not remove or obscure
the copyright notice or other notices. Except as expressly provided above, no
part of this Site, including but not limited to materials retrieved there from
and the underlying code, may be reproduced, republished, copied, transmitted,
or distributed in any form or by any means. In no event shall materials from
this Site be stored in any information storage and retrieval system without
prior written permission from Fieldhouse Inc.
1.3 Use, duplication, or disclosure by or for the United States
Government is subject to the restrictions set forth in DFARS 252.227-7013
(c)(1)(ii) and FAR 52.227-19.
1.4 You further acknowledge (a) that
you not under the age of 13; (b) if you are under 18 years of age you have your
parent's or guardian's permission to order.
2. LINKING
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Fieldhouse.com or a subsequent page so long as
the link does not portray Fieldhouse, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Fieldhouse logo or other proprietary graphic or trademark as
part of the link without express written permission from Fieldhouse Inc.
3. DISCLAIMERS
3.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS AND
FIELDHOUSE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
3.2 Fieldhouse, Inc. disclaims all responsibility for any loss, injury,
claim, liability, or damage of any kind resulting from, arising out of, or any
way related to: (a) any errors in or omissions from this Site and its content,
including but not limited to technical inaccuracies and typographical errors;
(b) any third party Web sites or content therein directly or indirectly
accessed through hot links in this Site, including but not limited to any
errors in or omissions there from; (c) the unavailability of this Site or any
portion thereof; (d) your use of this Site; or (e) your use of any equipment or
software in connection with this Site.
4. LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN
ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE,
INCLUDING ITS CONTENT OR ADVERTISING, REGARDLESS OF ANY NEGLIGENCE OF ANY
COVERED PARTY. "Covered Party" means Fieldhouse, Inc., its
affiliates, and any officer, director, employee, subcontractor, agent,
successor, or assign of Fieldhouse, Inc. or its affiliates.
4.1 HOLD HARMLESS
The purchaser or recipient of any product shall indemnify and hold harmless Fieldhouse or its affiliates from and against any and all third-party claims, suits, and liabilities (including all reasonable costs, expenses and attorneys' fees actually paid) arising from or in connection with (a) the product(s) and/or services offered/advertised. Fieldhouse will not assume any responsibility or liability for damages of any kind as a result of its products or services. Notification of such damages and or liabilities shall not alter this Warranty and Disclaimer, which is deemed binding with your order.
5. PRODUCT & SERVICE AVAILABILITY IN U.S.A AND FOREIGN COUNTRIES
This Site may contain references or cross references to Fieldhouse, Inc.
products and services that are not available in every State of the United States or foreign countries.
6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of Washington, USA, as they apply to agreements made
and solely performed therein. Disputes arising hereunder shall be exclusively
subject to the jurisdiction of the Federal Courts
of the United States of America and/or the State Courts of Washington and
jurisdiction therefore shall rest solely in Washington, USA.
7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by Fieldhouse, Inc.
with or without notice. Please review this link on a regular basis for changes.
Continued use of this Site following any change constitutes your acceptance of
the change.
8. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on
this Site and constitute the entire agreement with respect to your access to
and use of this Site. If any provision of these Terms and Conditions is
unlawful, void, or unenforceable, then that provision shall be deemed severable
from the remaining provisions and shall not affect their validity and
enforceability.
9. Returns and Exchanges
9.1 Return Policy
Fieldhouse products come with a 100% satisfaction guarantee and return policy. Within 30 days of Fieldhouse shipping your order, you may return any or all items in their original condition, and unwashed for a full refund or exchange, less shipping. See (Exception to Return Policy) below and section 16 for Tickets and Event Passes.
If you are returning an item that is damaged or a result of our error, (i.e. Ripped, torn, incorrectly filled, shirts with an incorrect design, incorrect color, etc.), we will also refund your shipping cost. We will refund you in the same form of payment received within 10 business days of receiving your return. To return a damaged or incorrect item, please first email us at customerservice@fieldhouse.com or call 877-232-9785.
A Fieldhouse customer service representative will give you specific return instructions to make sure your product return or exchange is handled to your satisfaction.
Exception to Return Policy - If a unique return policy for a product or service is stated under “Important Notes” on the product description page, the return policy on the product description page applies and supersedes the Fieldhouse Return Policy. In such cases the customer is notified of the different Return Policy prior to purchase and required to accept such policy by clicking the “Return Policy Accepted” check box.
9.2 EXCHANGES
You will be charged for shipping of the exchanged garment billed directly to the credit card on file or you will need to pay the shipping balance by check or money order. To return a product for exchange item, please first email us at customerservice@fieldhouse.com or call 877-232-9785.
A Fieldhouse customer service representative will give you specific return instructions to make sure your product return or exchange is handled to your satisfaction.
Items in your Shopping Cart should always reflect the most recent price displayed on the item's product detail page.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
10.1 If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
10.2 If an item's correct price is higher than our stated price, we will, at our discretion, contact you for instructions before shipping or cancel your order, notify you of such cancellation and refund you.
10.3 Credit Card Purchases - Because most of Fieldhouse’s products are custom ordered, we charge your card at the time of order. Your credit card statement will show payment to: Fieldhouse.com or Fieldhouse, Inc.
10.4 Returned (NSF) Checks - Fieldhouse charges a $25.00 fee for returned (NSF) checks. Customers providing NSF checks to Fieldhouse will have (10) business days after phone or email notification from Fieldhouse to provide payment including NSF fee with a certified check, credit card or money order. After this grace period Fieldhouse will assign collection responsibilities to a collection agency. Fieldhouse will be entitled to recover all costs and expenses of any subsequent collection proceedings.
11. TAX POLICY
Items sold by Fieldhouse and shipped to destinations in the State of Washington are subject to and charged sales tax. Sales tax will also be charged if an item is shipped from the same state as the ship to destination.
12. RISK OF LOSS
All items purchased from Fieldhouse are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
13. PRODUCT DESCRIPTIONS
Fieldhouse and our vendors attempt to be as accurate as possible. However, Fieldhouse does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Please see our Return Policy.
14. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Fieldhouse.com only with involvement of a parent or guardian. Fieldhouse reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
15. OTHER BUSINESSES
Parties other than Fieldhouse provide services and or sell products on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Fieldhouse does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the privacy statements and other conditions of use of those third parties.
16. Purchase of Event Tickets or Passes
Fieldhouse sells tickets on behalf of our clients. Fieldhouse does not set the
ticket prices. Prices for tickets online may be different than prices available
through other outlets. Fieldhouse does not determine seating availability or
locations. Tickets purchased on any Fieldhouse site may be subject to a
non-refundable per ticket fee and per order transaction fee. Fieldhouse is not
responsible for ordering issues you may encounter. If you do not receive an
order confirmation and email receipt at the end of the order process, you are
responsible for contacting Fieldhouse customer service to determine if your
order has been placed. Fieldhouse is not responsible for losses (monetary or
otherwise) if you assume that an order was not placed because you failed to
receive confirmation.
16.1 Ticket and Pass Refunds
In most cases our
clients’ policies do not allow refunds on tickets or passes. The refund policy
for your ticket or pass is clearly presented on the shopping pages for the
item. Please make sure you review the policy prior to purchase. Fieldhouse
does not refund order transaction fees in any case. If an event is cancelled
for any reason, Fieldhouse will refund the purchase price of the ticket, less
the order transaction fee. Refunds will be issued to the credit card account
with which the tickets were originally purchased. Fieldhouse does not provide
refunds, exchanges or credits for lost, damaged or stolen tickets or passes.
16.2 Event Rules, Restrictions and Liability
By purchasing a ticket or pass through Fieldhouse, you agree to the terms of this purchase on behalf of yourself and any accompanying minor. You assume all risks incidental to the event for which a ticket is issued, whether before, during or after play or performance. You agree to all terms, if any provided by event provider on the tickets or event signage including, but not limited to, conduct, use of recording or photography and material reproduction.
In order to gain access to an event, you and your belongings may be searched upon entry. If you choose not to be searched, you may be denied entrance to the event and waive your rights to any refunds or other compensation. You agree to comply with the event venue rules and regulations pertaining to items that may not be brought into the venue.
16.3 Pick-up and Delivery Options
Tickets and passes may be available either for pick-up at the event location via “Will Call”, or by mail. Delivery and/or pick-up location availability are clearly noted during the online shopping process, and on the order receipt. If you purchased a ticket or pass available for Will Call pick-up, you assume sole responsibility for verifying Will Call hours of business and picking-up your ticket or pass prior to the event. There is no refund for tickets or passes that are not picked up at Will Call for any reason. Each Fieldhouse client determines what form of identification and/or order receipt is required for pick-up and will post the information on the shopping pages and order receipt.
In some cases, the option of mail delivery is available for tickets and passes. In these cases Fieldhouse will send a shipping confirmation email to the email address you provide on your order. This email notification will include the shipping method. Fieldhouse is not responsible for lost, stolen or damaged tickets or passes once they are provided to the shipping carrier.
Materials
available on the Fieldhouse web site are protected by copyright law.
Copyright © 2002-2007 Fieldhouse, Inc. All rights reserved. Listed below are
trademarks for Fieldhouse, Inc. Nothing contained on this site should be
construed as granting any license or right to use any Trademark displayed on
this site without the express written permission of Fieldhouse, Inc. or such
third party that may own the Trademark.
Fieldhouse® is a registered trademark of Fieldhouse, Inc.
Fieldhouse Store™ and FieldhouseStore.com™
Fan Posters™
I’m in Presale ™
FieldhouseSuperstars™
Fieldhousefundraising™
Personalize It ™
18. Internet Security
We realize that many people are concerned about shopping on the Internet for fear that their credit card number or personal information will be stolen and/or used fraudulently. We want you to know that our site is secure. Fieldhouse uses Authorize.Net to process or credit card orders. Authorize.net implements and maintains compliance with industry leading security initiatives such as the Payment Card Industry (PCI) Data Security Standard. For additional security, regardless of where your order is being shipped we require verification of the billing address of your credit card as well as your cards CCV2 security code. In the event that there is fraudulent activity on your account, the Fair Credit Billing Act stipulates that your bank cannot hold you liable for more than $50.
Fieldhouse Inc. does not share or sell your information to any third party organizations other than the bank and processing vendor to authorize your transaction and select vendors that may be filling or delivering your order.
All
vendors associated with Fieldhouse Inc. are required to follow our strict
privacy policy.
When you register on our site, we only send emails related to topics for which
you opt-in. If you do not check the boxes for email notifications, we will not
send you any. If you have any questions about our security and our privacy
policies, please feel free to contact us at customerservice@fieldhouse.com.
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