Terms & Conditions
Notice Regarding Dispute Resolution. These Store Terms contain provisions regarding the resolution of claims between you and us arising from your use of the Store Website. For example, Section 21 contains an arbitration agreement and a waiver of class action clause, stipulating that we must arbitrate, rather than proceeding to court for a trial by a judge and jury; and all such arbitration requests must be made in your individual capacity, and not as a plaintiff, class representative, member, or otherwise on behalf of others in any so-called class action, joint action, or representative action.
Disclaimers and Limitation of Liability. While these Terms contain many important provisions, please note that Sections 16 and 17, which limit our liability, are particularly important.
Your use of the Store Website (including any features, content, or applications offered by the Store Website) is always subject to these Store Terms, which we may modify, and you must also comply with all applicable laws, regulations, and rules. Please read these Store Terms carefully. If you are not satisfied with these Store Terms, your sole remedy is to stop using the Store Website.
Acceptance of Store Terms. By accessing and using the Store Website, you acknowledge that you have read, understood, and agreed to be legally bound by these Store Terms. If you do not agree to be bound by these Store Terms, you may not access or use the Store Website. We may change, modify, or amend these Store Terms at any time at our sole discretion without prior notice. If we make material changes to the Store Terms, we will notify you before or at the time the changes take effect by posting the updated Store Terms on the Store Website or by sending an email to the email address (if any) specified in your account. Therefore, when you access or use the Store Website, you should check the date of the Store Terms and be aware of any changes since the previous version. Your continued use of the Store Website after any changes to these Store Terms are posted constitutes your acceptance of such changes. Your access to and use of the Store Website will be governed by the Store Terms in effect at the time of your access or use.
Other Terms and Conditions; Promotions and Coupons. Expressly specified legal notices, rules, or other terms on specific pages of the Store Website may supersede certain provisions of these Store Terms. Furthermore, in order to participate in or use certain services, promotions, discounts, or coupons (“Offers”) offered from time to time by the Store Website, you may need to agree to additional or different terms and conditions (“Offer Terms”). Some offers may also be subject to additional requirements or restrictions imposed by us or participating third parties (such as the issuer, sponsor, or supplier or other merchant associated with the offer), or certain goods may be excluded from the offer; these shall also form part of the offer terms. Certain goods, shipping methods, fees, membership programs, and/or delivery times may be subject to change or unavailable due to the offer. By redeeming an offer or using the offer page, you unconditionally accept the offer terms. If there is any conflict between these Store Terms and any offer terms, the offer terms shall prevail, and the non-conflicting terms of these Store Terms shall remain in full force and effect. For example, if you wish to redeem a coupon code on the store website, your redemption of that coupon code shall be subject to the specific offer terms applicable to that code and the non-conflicting terms of these Store Terms. For the avoidance of ambiguity, specific terms not mentioned in these Store Terms or any offer terms shall not constitute a conflict.
If the offer does not include offer terms, only these Store Terms shall apply. According to these store terms and conditions, unless otherwise provided by law, any offer: (a) is valid only at the website specified in the offer and not at any other store; (b) applies only to in-stock items and not to gift cards or services; (c) is not redeemable for cash or cash equivalent; (d) is limited to one offer per person, household, or address; (e) must be entered at checkout and/or into your account to be redeemed; (f) cannot be used in conjunction with other coupons or offers; (g) is valid for one year from the date of issue or the date prescribed by applicable law (whichever is later); and (i) may not be copied, modified, sold, or traded, nor used to pay any taxes, such as sales tax, shipping costs, handling fees, or any value-added service fees. In addition, some offers may be offered in the form of vouchers. If the promotional value of the voucher you purchase exceeds the amount you paid, you can redeem the promotional value within the voucher’s validity period or redeem the amount you paid after the applicable promotional period ends. We reserve the right to restrict, change, or cancel any offer or related order without prior notice, even if you have attempted to redeem the offer or submit a related order. Using the offer constitutes your acceptance of all applicable terms and conditions, including these Store Terms and Offers (if any).
Use of the Store Website. The content and information we post on the Store Website will only be used for our authorized informational, personal, or other purposes. By accessing and using the Store Website, you represent and warrant that: (a) all information you submit is true and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Store Website does not violate any applicable laws, regulations, or rules. The Store Website is intended for use only by U.S. residents (“U.S.”) or non-U.S. residents who agree to use the Store Website in accordance with U.S. law, these Store Terms and Offers, and the Store Privacy Policy (“Store Privacy Policy”). By using the Store Website, you further represent and warrant that you meet the above residency requirements. Use and access to the Store Website are invalid in jurisdictions where prohibited by law.
Unauthorized Use. You may not use the Store Website for any unauthorized purpose or any illegal activity. Any unauthorized use or violation of these Store Terms may result in your immediate and automatic termination of your right to use and access the Store website, and may subject you to legal liability. We will take appropriate legal action against any illegal or unauthorized use of the Store website. We may remove any unauthorized content, links, etc., without further notice. Examples of unauthorized, illegal, or improper use of the Store website include, but are not limited to:
Copying, modifying, displaying, performing, distributing, republishing, or retransmitting all or part of any content or material (such as images and text) on the Store website without our prior written consent;
Collecting users’ usernames and/or email addresses for sending unsolicited emails;
Using frames or other similar technologies without our prior written permission;
Creating or maintaining links from other websites to any page on the Store website without our prior written permission;
Criminal or tortious acts, including fraud, sending spam, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Covering or hiding banner ads (if any) on the Store website using HTML/CSS or any other means;
Any automated use of the system, such as using scripts to change content;
Interference, interruption, or obstruction. The store website or any network, system, or service connected to it;
Using any automated system or software to extract data from the store website for commercial purposes (including “screen capture”);
Attempting to impersonate another user or individual at checkout or otherwise;
Using another user’s account, username, or password, or disclosing your password to any third party (if applicable), or allowing any third party access to your account;
Displaying advertisements, collecting payments, or any valuable items to third parties on or through the store website in exchange for you conducting any commercial activity on behalf of that third party, such as placing commercial content on the store website;
Using the store website for any harassing, threatening, defamatory, abusive, obscene, or privacy-invasive purposes;
Attempting to impersonate another user or individual at checkout or otherwise; The official store website may not sell merchandise (e.g., personalized jerseys) containing any of the following: (i) images containing obscene, profane, pornographic, or other offensive content; (ii) any third-party owned images, names, or likenesses used without authorization; (iii) images of any person currently or remaining eligible for college athletic participation; or (iv) any images containing the name, image, or likeness of any celebrity, public figure, or individual whose name, image, or likeness is used without authorization.
Use of the store website in a manner that violates any applicable laws, rules, or regulations.
Products, Content, and Specifications. Any products or services included on the store website do not imply or warrant that such products or services are available at any particular time, nor do they guarantee the accuracy or completeness of the listed attributes. The actual color of the product you see depends partly on your computer system, and we cannot guarantee that the color, texture, or detail of the actual product is completely accurate. We do not endorse or verify the accuracy or reliability of any opinions or statements made on the store website by any third party (including, but not limited to, customers, manufacturers, distributors, or suppliers selling products and services through the store website), and product packaging and materials may contain other or different information. Before using the product, please be sure to read the label, warnings, instructions, or other accompanying materials. Furthermore, we may change prices, stock, or other product attribute information without notice. We are not responsible or obligated to modify or remove any inaccurate content. Products on the store website may be out of stock, may have different attributes than listed, or the actual price may differ from the price displayed on the store website. If a product is incorrectly priced due to a printing error, pricing error, or other informational error, we reserve the right to cancel any order for such products, regardless of whether the order has been confirmed and/or whether your credit card or other payment method has been charged. If your credit card has been charged and your order is cancelled, we will refund all amounts within a reasonable time after cancellation (the processing time for a refund by your financial institution may vary and is subject to your agreement with that institution).
By placing an order, you agree that the products you order are legal where you intend to hold and use them, and that you will only hold or use them in a legal manner, in compliance with all applicable laws, regulations, and rules, including copyright law, and that you have the right to use any payment methods you provide. You may not order products for resale purposes.
We reserve the right to limit the quantity of any product or service that can be ordered, refuse service to any customer, or cancel any order without prior notice, for whatever reason, including after the order has been submitted. We may also request additional verification or other information from you before acceptance and/or shipment. Your receipt of our order confirmation does not constitute acceptance of your order or confirmation of our offer to sell. We only accept your order after the product has been shipped. For products and services sold through the store website, the risk of loss and title to goods purchased from the store website transfers to you when the goods are delivered to the carrier. You are responsible for making claims against the carrier for damage to and/or loss of goods. You are also responsible for understanding and complying with all applicable local, state, federal, and international laws (including minimum age requirements) that apply to the possession, use, and sale of any goods purchased from the store website. By placing an order, you agree that the ordered goods will be used only legally and in compliance with all applicable laws, regulations, and rules, including copyright law.
Ownership; Intellectual Property. All content on the website (including but not limited to text, graphics, icons, images, clips, and software) is protected by copyright, trademark, and other laws. Names, logos, slogans, icons, and marks on the website are the exclusive property of entities, partner entities, or other third parties and may not be used by you without our prior written permission. We reserve all rights not expressly granted to the website content and services. Unless otherwise stated, all other intellectual property rights appearing on the website are the property of their respective owners.
User-Generated Content. Users may post content in specific areas of the store website or on other websites or platforms we own or operate (including social media platforms such as Facebook, Instagram, Twitter, and Pinterest, hereinafter referred to as “Other Platforms”). You are solely responsible for any content (including but not limited to photographs, artwork, videos, text, graphics, and other information, hereinafter referred to as “User Content”) that you upload, post, display, or otherwise provide to us through the store website or other platforms. We assume no responsibility for any User Content posted by you or any other party. Any user content you post or provide, including any questions, comments, opinions, and suggestions, will be considered non-confidential and non-proprietary information. By sharing user content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable, and transferable right to use, reproduce, reproduce, perform, distribute, display, publish, sell, and create derivative works of the user content, as well as to grant and license such rights to sublicensees. Furthermore, we will have the right to freely use any ideas, concepts, know-how, or technology contained in such user content for any purpose, including but not limited to developing, manufacturing, and selling products and services containing such user content. You further agree that this means any user content may appear on other websites besides the website where you submit the user content, including but not limited to the store website or other platforms. You represent and warrant that: (a) you own all rights to the user content you post on the store website, or have the right to grant the rights set forth in Section 11; (b) your user content does not infringe on the privacy, publicity, intellectual property rights, or any other rights of any person or entity; and (c) posting user content on the store website will not result in a breach of any contract between you and any third party. You agree not to use false or misleading email addresses, impersonate other people or entities, or otherwise mislead regarding any user content. You agree to pay all royalties, fees, and other payments due to any user content you post on the Store website or other platforms. We have no obligation to screen or monitor user content, but may, at our sole discretion, review user content from time to time to ensure it complies with these Store Terms. We may refuse, not publish, edit, or delete any user content at any time, for any reason or no reason, without prior notice.
We do not accept any unsolicited ideas. The website does not accept any unsolicited ideas, including but not limited to advertising or promotional suggestions, product sales suggestions, service enhancement suggestions, or business model change suggestions. We may already be researching or will be researching similar ideas in the future. If you violate this policy by submitting an unsolicited idea to the website, you understand and acknowledge that the idea was not submitted confidentially, and we assume no express or implied obligation in this regard. You hereby grant us an irrevocable, perpetual, worldwide license to use any idea you submit to the website and any related intellectual property rights thereto in any way, in any known or future-developed media, without paying you any compensation or prior notice. Termination of Access and/or Account. In addition to any rights or remedies granted to us by these Store Terms or applicable law, we may restrict, suspend, or terminate your access to the Store Website or other platforms (including, but not limited to, the functionality for registering your account and posting user content) at any time, with or without prior notice and just cause. We may also submit any information regarding suspected or actual illegal activity (including your identity information) to the relevant authorities.
Term. These Store Terms remain in effect as long as you use or access the Store Website or have a Store Website account. For instructions on how to modify or delete your account, please refer to our Store Privacy Policy. Articles 2 and 6-21, and all other provisions that can be reasonably construed as continuing in effect, shall remain in effect upon termination of these Store Terms.
Indemnification. You agree to defend, indemnify, and hold harmless Fanatics, Fanatics entities, partner entities, their subsidiaries, affiliates, suppliers, and licensors, and their respective officers, agents, partners, and employees (collectively, the “Site Parties”) from and against any loss, liability, claim, or demand (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Store Terms in using the Store Website and/or your breach of these Store Terms (including, without limitation, your breach of any representations and warranties set forth in this Agreement); (b) any allegation that any content or other material (including user content) you submit or transmit to the Store Website or to us infringes, misappropriates, or otherwise violates any party’s copyright, trademark, trade secret, or other rights; (c) your breach of applicable law; and/or (d) your acts or omissions relating to the Store Website.
Disclaimer. Your use of the Store Website is entirely at your own risk. You are responsible for complying with these Store Terms and all applicable laws relating to your use of the Store Website. Unless otherwise expressly stated in these Store Terms, the Store Website (including all information and content provided on the Store Website and the products and services accessible or available through the Store Website) is provided “as is” without any warranties or representations of any kind. To the maximum extent permitted by applicable law, the parties to the Website disclaim and exclude any express or implied warranties or representations, including any warranties of merchantability or fitness for a particular purpose regarding the Store Website, its content, and the products and services listed or purchased on the Store Website. We do not warrant that the Store Website or any materials or content contained therein will function without interruption or errors, that defects will be corrected, or that the Store Website or the servers providing the Website are free from viruses or other harmful components. To the maximum extent permitted by law, we assume no liability whatsoever for the use of the Store Website, including but not limited to its content and any errors. This disclaimer forms an integral part of these Store Terms.
Limitation of Liability Under no circumstances shall any party to the website be liable to you or any third party for any indirect, consequential, punitive, incidental, special, or exemplary damages, including loss of profits, loss of goodwill, reputational damage, replacement costs, or any intangible damages of any kind, whether such damages arise from your use of the store website, your inability to use the store website, or the products or services, even if the parties to the website have been advised of the possibility of such damages. Notwithstanding anything else in this Agreement, to the maximum extent permitted by law, FANATICS, FANATICS entities, and partner entities shall be liable to you for any cause, regardless of the form of action, to the higher of the following: (A) the purchase price of the relevant item (if applicable); or (B) US$10.00.
Third-Party Transactions. When using the website, you may have the opportunity to engage in commercial or other transactions with other users, suppliers, and other third parties. You acknowledge and agree that all transactions relating to goods or services offered by third parties, including but not limited to purchase terms, payment terms, warranty terms, guarantee terms, maintenance terms, and delivery terms, shall be negotiated solely by the seller or buyer of the third party’s goods or services. We make no warranties regarding any transactions made through the website or any third-party transactions associated with it, and you understand and agree that you assume all risks associated with such third-party transactions. You should seek any rights only from that third party. If you encounter any problems with products or services purchased from a third party, you agree to resolve the issue through negotiation with that third party. We may not be able to accept returns or refunds for any transactions you complete with third parties through the store website. Any warranties regarding products, services, materials, or information provided by any third party through the store website are provided by that third party and not by us. If you encounter any problems with products or services purchased from third parties through the store website, you agree that your sole remedy (if any) is to seek relief from the manufacturer of the product or the supplier of the service and comply with the warranty terms of that manufacturer or supplier; or, you may seek a return and refund in accordance with the return and refund policy (if applicable) published by the third party.
U.S. Export Controls. Software provided to you by the store website (hereinafter referred to as the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the store website or exported or re-exported in violation of U.S. export laws. You assume all risks associated with downloading or using the Software.
Applicable Law These Store Terms and your use of the Store website will be governed by federal and Delaware laws, notwithstanding their conflict of laws provisions, and regardless of where you reside or from which you access or use the Store website.
Arbitration/Class Action Prohibition. Please read this section carefully. The contents of this section may have a significant impact on your legal rights, including your right to bring a lawsuit in court. By using or accessing the Store website or obtaining offers, you agree to these Terms.