Terms of Service: an agreement between you and Custom Store Builder to enter and use this website and services
This website is operated by Street Savvy LLC. Throughout the site, the terms “We”, “Us” and “Our” refer to our store building entity, Custom Store Builder. Street Savvy LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, or updates which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 1 – ONLINE SERVICE TERMS
Our website is hosted by DecoNetwork and is secured through DecoNetwork using an SSL (Secure Socket Layer) of protection. Payments are processed securely through Authorize.Net and PayPal Express.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature to Street Savvy LLC's employees, website, or its website users.
A breach or violation of any of the Terms will result in an immediate termination of your Services or if necessary, legal action in Cabarrus County, North Carolina.
SECTION 2 – GENERAL CONDITIONS
SECTION 3 – ORDER ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Purchaser agrees to use the provided team store website to order using accurate information in the order, shipping information, and billing information.
TEAM STORE CUSTOMERS: The Purchaser acknowledges that all information submitted through the team store is accurate – Including SIZE chosen and any NAMES or NUMBERS used to personalize gear, as well as SHIPPING ADDRESS. We are not responsible for any errors caused by incorrect or inaccurate information provided by the Purchaser.
We assume all order information has been DOUBLE CHECKED and that ALL names and numbers that have been provided to us are correctly spelled and entered in exactly how they are supposed to be printed (i.e. “McDANIEL”, “SMITH”, or “Jessica”). The item shown on each Order Form tab will be printed with the case and spelling exactly as ordered under the “Player Name” column next to the corresponding size for that item. Type in all CAPS on your order form if that is how you would like the name to print (this is the most common format). You also acknowledge that there are existing fonts that only allow for CAPS.
Purchaser acknowledges and agrees that they understand the following timelines:
Although typically quicker, Custom Sublimated Apparel can take up to 20 business days to be manufactured with an additional 2-5 business days for shipping.
Stock Silkscreen, Heat Press and Embroidered Gear can take up to 10 business days with an additional 2-5 business days for shipping. Stock Silkscreen, Heat Press and Embroidered Gear are also subject to additional set-up fees, including but not limited to, “Screen Set-Up” or “Embroidery Set-Up”, which is dependant on the amount of product that is ordered as well as the complexity of the artwork. Stock Silkscreen, Heat Press and Embroidered Gear generally require a minimum of (10) ordered products, due to the high cost of set-up fees for less-than-minimum orders.
Production Timelines (“Lead Times”) are set up to be accurate in accordance with a Purchaser following our process in a timely manner.
Your order will ship due to the LONGEST stated timeline according to the items in your order (i.e. if you order a mixture of STOCK and CUSTOM gear, your order will ship complete when the CUSTOM gear is ready). This applies to Team Stores as well.
The order does NOT ship until the remaining balance is paid and is cleared per our provided Payment Methods. If the remaining balance is not paid in a timely manner and your order remains in storage, your order will incur storage fees that will be added to your invoice accordingly.
Production Timelines provided at any given time of year do NOT factor in the length of time that the art process will take until receiving approval from you. Note that needing to go back and revise the artwork after approval will cause delays toward your order.
SECTION 4 – MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES
Prices for our products are subject to change without notice due to a variety of manufacturing instances, such as fabric cost or fabric availability, and current factory capacity.
We reserve the right at any time to modify or discontinue the Product or Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.
ALL prices reflect cash / cash equivalent discount in U.S. Dollars.
ALL DEPOSITS AND SALES ARE FINAL and NON-REFUNDABLE unless explicitly noted otherwise in writing – i.e. size samples are refundable when returned. Payments are used to secure fabrics, services, and product and will be used towards the order unless specified otherwise.
SECTION 5 – PRODUCT OR SERVICE AVAILABILITY
Certain products or services may be available or unavailable at any given time via our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Items purchased by us through our partners are governed by their own availability and Return Policies. Purchaser agrees to cover any restocking fees incurred by items purchased through us and then returned to us, regardless of their origin.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – COLOR, ARTWORK AND LOGO POLICIES
COLORS: We strive to display colors as accurately as possible on our website. We cannot guarantee that your computer monitor or phone/tablet display of any color will be accurate to the actual appearance of the garment color. Screen images are intended as a guide only and should not be regarded as absolutely correct. All efforts are made by us to make items that you want to be the same color as similar in color as possible. The Purchaser understands it is not unusual for products by different manufacturers advertising the “same” color to be different shades and/or tones when placed next to one another. (i.e. an ORANGE Cotton Hoodie may not be the exact color as what appears for ORANGE Stretch Dazzle Football Pants).
LOGO & DESIGN RESPONSIBILITY: Purchaser agrees and acknowledges that ALL logos, design instructions, and final designs that we use or provides have been approved for use by your team to use and you have full permission to use all logos on your artwork. The Purchaser understands by giving us logos that we assume you have been given legal permission and Purchaser assumes all responsibility for the logos and designs it has us produce.
SECTION 7 – PRODUCT SIZING
The Purchaser understands that we offer size samples for majority of our products for a refundable deposit. The Purchaser also understands that size samples are our most accurate and recommended method of sizing. Size Charts are available and are provided upon request.
By using the Size Charts, the Purchaser understands how to properly use the size charts and specs of the items in their order.
We are not responsible for any order errors caused by inaccurate sizing due to “guessing,” improper use of our Size Samples, or improper use of our Size Charts.
SECTION 8 – OUR RIGHT TO REFUSE
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Purchaser’s account, the same credit card, the same organization and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors due to a number of factors including but not limited to violating Copyright laws or not having proper forms on file.
SECTION 9 – PAYMENTS
ONLINE CHECK/ACH/BANK TRANSFER PAYMENTS
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. This includes Account and Routing number accuracy when paying by ACH. If the check is RETURNED at any point within the clearing time of 5-7 days, you WILL BE charged a $35 RETURNED CHECK FEE for EACH online check that is returned. We have the right to disable you from using an ONLINE CHECK to pay future payments and you will be prompted to pay by an alternative method. Payment delays WILL delay your order and pause production.
CREDIT/DEBIT/CHARGE CARD PAYMENTS
When the Purchaser pays by credit card, the Purchaser agrees to forfeit the right to file a chargeback or claim against your purchase or Street Savvy LLC. By making a credit card purchase with us, the Purchaser is authorizing the exact payment being made, they are using funds that they or their organization own, and that they are not making a fraudulent payment toward their order. You are also acknowledging that when we process a credit card that is provided by you, you will be charged a 3% processing fee PER CREDIT CARD PAYMENT and you acknowledge that we offer alternative payment methods that does not charge a fee.
All issues and concerns must be handled between cardholder and Street Savvy LLC. Purchaser agrees that there will be no chargeback on any credit card used for purchase of products and/or services. If a chargeback does occur, Purchaser agrees to be responsible for all recovery and legal fees that Streey Savvy LLC will have to pay due to back charges made by the Purchaser.
For more detail, please review our Returns Policy
SECTION 10 – REPLACEMENTS/DEFECTS/REFUNDS
Replacements and refunds is discussed in detail by our Returns Policy.
SECTION 11 – SHIPPING AND SHIPPING INSURANCE
We do not control the shipping carriers we use (UPS, DHL, and USPS) and any mishaps that may occur on their part. Each carrier operates at their own discretion and transit times are subject to change depending on the terms of the carrier. Transit times are also subject to delays if your shipping address is a rural location.
You are responsible for tracking packages shipped by us to you and making someone available to receive your deliveries in a timely fashion. You are responsible for communicating an accurate date of when you need to receive your gear to your rep, as well as being prepared to pay expedited shipping charges depending on delays that have been caused by you in your order process.
Upon occasion, shipping carriers lose packages and are unable to find them. This does NOT mean we will replace your order.
By default, all orders do NOT include shipping insurance. Requesting and purchasing Shipping Insurance is at the discretion and responsibility of the Purchaser to protect their investment.
SECTION 12 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Street Savvy LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Street Savvy LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
You may also request a copy of the data we have on file for you, as well as request that we completely delete you from our system.
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – DISPUTE RESOLUTION
Purchaser agrees Street Savvy LLC and self will work in good faith to have an incredible experience and order process. Street Savvy LLC and Purchaser agree to rectify ANY and ALL disputes that may arise upon an agreement that works for both parties.
If legal remedy is sought by either party, Purchaser agrees that all legal proceedings will take place in Cabarrus County, North Carolina.
Purchaser also agrees they will not slander Street Savvy LLC or any of its affiliates using misinformation in a public forum (includes but not limited to Facebook, Google Reviews, Instagram, and Twitter) due to any dispute between parties.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of North Carolina.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be referred directly to:
firstname.lastname@example.org or (980) 399-6609