GENERAL TERMS OF SERVICE
Your use of XROAD SPORTS (“XROAD”) products available at www.xroadsports.us is subject to the terms of this legal agreement between you, XROAD SPORTS llc. and XROAD, LLC., as amended from time to time.
If you are looking for Order Policies as Our No Return or Refund Policy, see here: xroadsports.us/return-and-refunds
This Terms of Service document ( “TofS”) sets out the conditions under which we make the XROAD products on www.xroadsports.us (the “Site”) or on the XROAD mobile application available to you. In this TofS, “we” and “us” means XROAD, LLC., a Texas limited liability company, and “you” means the user or customer. “Both of us” or “Either of us” means both or either of you or XROAD. This TofS discusses important limitations about the way you may use and rely upon materials you find on the Site. By using the Site, you will be deemed to have accepted the contents of this TofS. If you do not accept the contents of this TofS or if your right to use the Site has been terminated (see below), you may not use the Site.
LIMITATION ON USE
You are only authorized under this TofS to use the Site individually. By requesting to use, and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this TofS and you agree to abide by the contents of this TofS.
- PRODUCTS DESCRIPTIONS
A reasonable level of accuracy is attempted by XROAD. We do not guarantee that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. Returning a product to XROAD under the refund policy is your only remedy if it is not as described. However a custom product after initial approval may not subject to any return. Please see the return policy at https://xroadsports.us/returns-and-refunds
- ORDER DETAILS
You may submit personal information, pictures, logos, and other materials to XROAD to customize your order (your "Order Information"). If you submit Order Information to XROAD through the Site, you grant XROAD a nonexclusive, royalty-free, irrevocable, and sublicensable right for XROAD to reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Order Information as well as use it for marketing purposes and in aggregate form, benchmarking, improving products and services, or marketing. In order to make a purchase, you represent and warrant to XROAD that you are the owner of all rights to the Order Information that you make and that XROAD may use it. By signing this TofS, you grant XROAD the right to use slogans, logos, photographs, and other artwork, and XROAD is able to adapt and modify such materials as necessary to create customized products for you. This includes providing or arranging access to team rosters that may include names, numbers, and sizes. The terms of this TofS require you to indemnify XROAD against any claims resulting from your violation of those terms.
- SALES TAXES
Sales tax may be applicable to certain items sold on the Site. It is common for many organizations to qualify for sales tax exemptions, but in order to achieve this, the sales tax exemption letter must be submitted. The amount of tax to be collected will be displayed before you submit your order. Several factors, including the items purchased, the level of customization, and the shipping destination, will determine the amount of tax charged on your order.
- DUTIES & TAXES
XROAD Sports delivers products worldwide, and import duties and taxes are imposed by these countries. Therefore, the customer is responsible for such import duties, which will be invoiced before or after delivery. These Customers are responsible for paying these duty fees - not XROAD Sports. We usually ship with UPS, FedEx and DHL. To read up on their policies please visit their official websites.
- PROCESS OF ORDERS & PRICING
When you begin adding items to cart on the Site and submit your final order, the final price required for your purchase may change. This is depending on a number of factors. Price is associated with every product on the Site. Furthermore, customization requests and shipping address can affect your total purchase price. Before you submit your order, it is imperative to carefully review the total purchase price and individual item prices. When you submit an order, you are making an offer to purchase items selected at the price indicated immediately before you submit your request. Until XROAD emails you to confirm acceptance (such as if an item becomes unavailable), this offer remains open. Your order can't be confirmed until XROAD receives it. Some items may be mispriced on XROAD despite commercially reasonable efforts. Even after receiving your order confirmation or shipping notice, XROAD reserves the right to cancel your order without further obligation to you. Depending on your preferences, XROAD may contact you or cancel your order.
To complete the payment for your order, you may use a credit card, ACH bank wire transfer, or any other standard payment method. The best way to minimize the transaction fee is to use a wire transfer instead of a credit card (2.9%). XROAD Sports charges your credit card once your order has been accepted due to the custom nature of some of the orders.
- THE DISCLAIMER AND LIMITATION OF LIABILITY
Neither this Site nor its contents are provided with any warranty of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. In some jurisdictions, implied warranties cannot be excluded, so this exclusion may not apply to you. There will be no liability for XROAD, its suppliers, or other third parties (including losses, data loss, and business interruptions) resulting from the use, inability to use, or results of the use of the Site, regardless of whether such damages have been advised or not, whether under warranty, contract, tort or any other legal theory. These limitations may not apply to you because applicable law may not allow the exclusion or limitation of incidental or consequential damages.
- ELECTRONIC SIGNATURES; AMENDMENTS TO THIS TofS
In the future, XROAD may update this TofS to reference upcoming products and services. As a condition for the continued provision of the Site to you, Wooter may amend or update the TofS, and XROAD will provide you with a new copy of this TOS after such amendment or update takes effect. Additionally, continued use of the Site after the amended terms have been received constitutes your acceptance. All modifications, amendments, and waivers of this TOS must be in writing and signed or accepted electronically by the party against whom they are asserted. The site may use electronic signatures, contracts, orders, and other records in accordance with any applicable laws, regulations, rules, ordinances or other regulations. Notices, policies, and transaction records initiated or completed by you may be delivered electronically. Further, by signing here, you waive any rights or obligations you may have under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require the original signature or delivery or retention of non-electronic records.
- USE OF DIGITAL ARTWORK
Upon submission of artwork (including logos), you acknowledge that XROAD is entitled to edit or alter the artwork to meet our printing standards. We will make logo edits proactively, updating the logos on garments in the design department and sublimation/printing if artwork does not meet XROAD’s standards. If XROAD makes a logo edit, you will be notified and deemed to have consented to the changes. This is so that the ordered goods can be fulfilled using your modified artwork. As a result of any delivery delays, XROAD shall not be liable in any manner as a result of orders placed with modified artwork. If in its discretion, XROAD believes that any artwork uploaded to our site may violate the rights of a third party, it reserves the right to reject the use of any artwork that may infringe upon the rights of third parties and to utilize any artwork uploaded to our site for marketing purposes.
- GENERAL TERMS
The XROAD Site is administered by its offices in Katy, Texas. Site access is prohibited in territories where its use is illegal. In compliance with any applicable laws or regulations, including without limitation U.S. export laws and regulations, you may not use or export or re-export the Site or any materials found thereon or any derivative thereof. It is your responsibility if you choose to access the Site from outside the United States and to comply with applicable local laws if you choose to do so. Unless otherwise stated, this TofS will be governed and construed in accordance with the laws of the state of Texas, without regard to principles of conflict of laws. Any legal matter arising from this TofS will be resolved exclusively by the state and federal courts located in Houston, Texas, USA. In spite of this, we agree that we are still entitled to obtain injunctive relief (or other comparable forms of urgent legal relief) in any court of competent jurisdiction. Site administration may be relocated without prior notice.