Access to and use of the Site is subject to all applicable laws and regulations. To the extent that access to, or use of, the Site would be deemed illegal by governing law, such access or use is prohibited. You also agree that you will not use the Site to create any materials or designs that are harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, or that infringe on any copyright or other proprietary rights of any third party. As long as you comply with these Terms and any modifications to these Terms as permitted below, we grant you a personal, non-commercial, non-exclusive, non-transferable, non-sub licensable, limited privilege to access and use the Site.
2. Use of Materials. As between us and you, all materials and content on this Site, including but not limited to software, images, text, graphics, designs, color schemes, icons, photographs, videos, user interfaces, logos and trademarks, and the overall "look and feel" of the Site (collectively referred to as the "Material"), are owned or licensed by us and are protected under various intellectual property laws. Certain trademarks made available through the Site, including logos, slogans, color schemes and design trademarks are licensed for use by Founder Sport Group from institutions and other third parties, and you may only use them in a manner that is directly related to such third parties and in compliance with any additional restrictions or conditions imposed on the use and access of such marks by the third parties. We will notify you of such terms if your usage is in violation of such terms.
Other than sharing your designs on Internet social media, any copying, reproduction, downloading, uploading to the Internet or other uploading, transmitting or any other use of the Material, in whole or part, without our express written permission, is prohibited. Your use of the Site does not grant you any ownership rights to the Material and we and our licensors reserve all rights to all Material. You may use the text tools and images available through the Site to create products that you will purchase for your own personal use through the Site, but you may not reverse engineer, decompile, disassemble, create derivative works of or modify any Material, or otherwise copy, reproduce, download, transmit and/or print any portions of this Site or the Material contained hereon without our express written permission. Designs created using the text tools and images available through the Site are not the exclusive property of the customers who assemble such designs, and we retain the right to display such designs or offer them (or variations of such designs) to other customers. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law, and you agree to indemnify and hold us and our licensors harmless for your failure to comply with this Section.
3. Your Account; Registration. By registering a user account (“Account”) on FlashMerch.com, you represent and warrant that you are 13 years of age or older. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site or Material. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information at any time by clicking on the “My Account” button. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Site and your Account and these Terms with you, and delete any information, content, files or other materials you may have uploaded or contributed to the Site, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that we will not be liable to you or to any third party for termination of your access to the Site. Any termination of your access to the Site, your Account or these Terms with you shall not affect the respective rights and obligations (including, without limitation, payment obligations) of us or you that arose before the date of termination.
4. Privacy; Personal Information. You must disclose certain Personally Identifiable Information to register for your Account and purchase products or services from our Site. We recognize that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the Site except that: (i) we may share information about you or an order that you have placed with our relevant third party licensor(s) in order to allow them to review the use of their licensed marks, noted in Section 2 above, as necessary; (ii) we may provide information about you and your order to our subcontractors; and (iii) we may share information about you with our marketing partners and affiliates for purposes of marketing FlashMerch.com (including any of our affiliated entities (collectively, the "FlashMerch Store Entities")). In addition, we may share information about you or your order if we believe in good faith that disclosure of specific information is necessary to (a) resolve disputes, investigate problems, or enforce these Terms; (b) comply with relevant laws or respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity (in which case we can, and you authorize us to, disclose personal information without subpoenas or warrants served on us); or (c) protect and defend our rights or property or the rights and property of you or third parties. We employ third party cookies that are used to target customers for advertising purposes. We collect information (including email addresses) that allow us, among other things, to: process and fill your order; contact you regarding the processing of your order; share your design with those whom you request; improve our website and service; and send informative and promotional emails on behalf of one or more of the Founder Sport Group Entities that may be of interest to you. While this information may be used by any of the Founder Sport Group Entities for marketing purposes, it is never shared or sold to other organizations for commercial purposes
While we take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we can prevent unauthorized access to your private information. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
5. Pricing and Billing Terms. To purchase any on-line goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with valid payment information for your credit card account or other information that is required by us or our third party payment processing service to process your payment. By submitting that information to us, you hereby agree that you authorize us to charge your account at our convenience but within thirty (30) days of credit authorization. Credit card transactions with us will appear on your credit card statement as “Founder Sport Group.” All sales are final and all charges from those sales are nonrefundable.
For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. E.g., your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) in U.S. dollars at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within thirty (30) days after they first appear on your credit card or account statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card or account issuer or its agent, you agree to pay all amounts due upon demand by us or its agents. You shall also be responsible for any expenses and fees (including but not limited to attorneys’ fees) we incur in collecting past due amounts from you. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities where we deem it is required.
Prices for products are described on the Site and are incorporated into these Terms by reference. All prices are in US dollars. We may change prices and products at our discretion. We may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
6. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, including, without limitation, if the goods or services were listed at an incorrect price or contain typographical errors. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item due to production or other difficulties. Your order will be deemed accepted by us upon your receipt of authorization for production or on-line shipment of products or performance of services that you have ordered, as indicated by our servers. Title to merchandise and all risk of loss passes to you upon delivery to the common carrier.
7. Cancellations or Changes to your Order. When you place your order, it goes into order processing queue. Order changes or cancelations cannot be accommodated once the order has been processed. If you need to make a change to a pending order which has not been processed, any such changes must be communicated to our customer service department, and must be confirmed by one of our representatives. Please contact us at 1-800-333-6063.
8. Product Details; Colors. Product features, specifications, and prices on the Site are subject to change at any time without prior notice. We do not guarantee that products will be available at all times. All reasonable efforts are made to accurately present product attributes and features in the online experience.
9. Defective or Flawed Product. If your FlashMerch Store product has a material or workmanship flaw, we strive to make it right! You must contact our customer service department within 30 days after receipt of your product if it contains a manufacturer’s defect in order for us to consider whether a remedy is available. (Please note: damage caused by misuse, alteration or decoration of the product, or excessive wear and tear are excluded).
10. Links. This Site may contain links to other websites that we do not control and/or maintain. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from ours and/or which may provide their users with less security than this Site. By providing such links, we shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. We are not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
11. Additional/Different Terms. Certain pages or sections of this Site, as well as certain products and services, may contain terms and conditions of use which are in addition to or different from these Terms. In the event there is a conflict between such additional and/or different terms and conditions of use and these Terms, the additional and/or different terms and conditions of use will govern with respect to those specific pages, sections, products or services to which they apply.
12. Limitation of Liability and Use Disclaimer. We are not responsible for any damages or loss related to the use of this Site, or products or services from this Site. Except for defective product under Section 9, THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, ALL PRODUCTS AND SERVICES, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND SOLD "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, THE PRODUCTS AND SERVICES AND THEIR FEATURES AND SPECIFICATIONS, WILL BE AVAILABLE OR BE AS DESCRIBED. EXCEPT FOR SECTION 9, THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE PRODUCTS OR SERVICES CONTAINED HEREON OR PURCHASED HEREFROM INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, RESULTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO PRODUCTS OR SERVICES OR TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPT NO RESPONSIBILITY FOR THESE PRODUCTS, SERVICES OR PAGES NOT BEING AVAILABLE AT ALL TIMES. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON OR PURCHASED HEREFROM, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OR THE SITE OR THE PRODUCTS OR SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THE SITE, OUR MAXIMUM LIABILITY IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO US FOR THE PROBLEMATIC PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS IN SHIPMENT OR DELIVERY DUE TO INACURATE OR INCOMPLETE ORDER INFORMATION SUCH AS YOUR BILLING OR SHIPPING ADDRESS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
We are not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
We do not warrant or represent that this Site, or any Material will meet your requirements, that access of Material will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system or electronic device.
If you object to any terms and conditions in these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your Account.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent allowable under applicable law.
13. Indemnity. You agree to indemnify, defend and hold harmless us, our parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site, Materials, products or services; (ii) any violation by you of these Terms or your violation of any law, regulation or third-party right; and/or (iii) any User Content you submit to the Site. You agree that your representations and warranties, and your obligation to indemnify us, shall survive beyond any term that these Terms are in effect.
14. Electronic Communications. When you communicate with us electronically, via email or otherwise, when you set up an Account with us, and each time you make a purchase from the Site, you consent to receive electronic communications from us. You agree that all communications (including, but not limited to all notices, agreements and disclosures) we provide to you electronically (e.g., e-mail or posting on the Site) satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from us and wish to opt out, you may follow the opt-out procedures set forth in such marketing e-mails.
15. Changes in Policy. From time to time, the policies set forth in these Terms may change. We will post changes to the Terms at this Site, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these Terms often so that you will remain abreast of our current policies. Your use of this Site or the Program, including any purchases you may make from the Site subsequent to any amendment of these Terms will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
16. Acquisition of Business. In the event we are involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of our business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of our rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, we will post a notice to such effect on this Site.
17. Contact Us. If you have any questions concerning the Site or any of the policies set forth in these Terms, please contact us at:
Founder Sport Group
166 Newport Drive
San Marcos, CA 92069
Or call us at 1-800-333-6063
18. Applicable Law/Dispute Procedures. Use of this Site and these Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute concerning your use of this Site or the Program shall be submitted to binding arbitration in San Diego County, California within one (1) year from the date that the cause of action arose (or, if multiple causes of action are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms may be joined to any other arbitration initiated pursuant to these Terms.
Notwithstanding anything to the contrary set forth in these Terms, we may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of California, in the event that we believe you have violated or threatened to violate any of our intellectual property rights, and you hereby consent to the exclusive jurisdiction and venue of such courts.
In the event any portion of these Terms are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, the provision shall for purposes of such jurisdiction only, be construed as if the invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by us of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or demand compliance with any provision of these Terms shall not be deemed to constitute a waiver of any such right or provision.
Copyright 2018 Founder Sport Group. All trademarks and logos on this Site are trademarks or registered trademarks of Founder Sport Group or its licensors and their respective owners. All rights reserved.