This site, www.winningstreaksports.com, (the "Site") is owned and operated by Winning Streak Sports, LLC ('Winning Steak Sports', 'Winning Streak'). By using this Site, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Site or you are purchasing products offered for sale on the Website ('Products') as a registered customer. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Products, Content And Specifications:
All features, content, specifications, products and prices of products and services described or depicted on this Website, winningstreaksports.com (this 'Site'), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Winning Streak, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Product Returns & Exchanges:
If you are not completely satisfied with your Website purchase, you may return it with your receipt within 30 days from the date of purchase. Please note that exchanges are at customer's expense. Please begin the return or exchange process by calling:
Winning Streak Sports, LLC: 1 (800) 768-0889
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy Of Information:
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up-to-datedness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Intellectual Property & License/Site Access:
Winning Streak owns and retains all proprietary rights in the Site. Except as otherwise expressly noted, all Products, images, designs (including Product designs), graphics, icons, photographs, text, media, audio clips, video clips and other materials that appear as part of the Site as well as the selection, arrangement and organization of the foregoing and the Site as a whole (collectively, 'Content') are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Winning Streak or its suppliers. All software used on this Site is the property of Winning Streak or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
Third Party Links:
From time to time, this Site may contain links to Websites that are not owned, operated or controlled by Winning Streak Sports, LLC. or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither Winning Streak nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither Winning Streak nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk. Linking to this Website: Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
Metatags, Hidden Text, Linking Or Framing Online:
Winning Streak expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Winning Streak trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Winning Streak is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Winning Streak.
You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
This website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on this site, we will delete the information from our records.
When you sign up to become a registered customer on this Site, you will also be asked to choose a password for purposes of accessing the Site and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Site using your password. You agree to (a) immediately notify Winning Streak of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log-out of your account at the end of each session. Winning Streak will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
Product Information And Colors:
The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S. Winning Streak has made every effort to display as accurately as possible the colors of the Products that appear on the Site. However, the actual colors you see will depend on your monitor. Thus, Winning Streak cannot guarantee that your monitor's display of any color will be accurate.
Only one promotion may be applied to each order. The promotion can include more than one offer. For example, a promotion may include 10% off plus free ground shipping. Please contact customer service for more information on promotions. Promotions are usually shown on the homepage of the website here.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Winning Streak reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Winning Streak apologizes for any inconvenience this may cause you.
LIMITATIONS OF LIABILITY:
Neither Winning Streak Sports, LLC, nor www.winningstreaksports.com assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site. IN NO EVENT WILL WINNING STREAK SPORTS, LLC. OR THE WINNING STREAK WEBSITE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
Winningstreaksports.com shall not be liable for failing to perform its obligations here-under because of circumstances reasonably beyond the control of Winning Streak. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Winning Streak, breach of this Agreement by users, and any other events reasonably beyond the control of Winning Streak.
Except for those warranties expressly provided herein, you hereby acknowledge and agree that Winning Streak (including officers, employees, agents, directors and independent contractors of Winning Streak) has not made any other warranties, express or implied, concerning the Website or the Products. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WINNING STREAK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WINNING STREAK DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL WINNINGSTREAKSPORTS.COM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF WINNING STREAK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT WINNING STREAK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
WINNING STREAK MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Notwithstanding anything to the contrary contained herein, Winning Streak's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Winning Streak for the PRODUCTS.
You agree to indemnify Winning Streak, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, DAMAGES, claim, ACTIONS, or demand, including reasonable attorney's fees, made by any third-party due to or arising out of your use of the PRODUCTS in violation of this Agreement and/or arising from ANY USE OF THIS WEBSITE.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact the Winning Streak Customer Service Department by email at firstname.lastname@example.org, or by phone at 1 (800) 768-0889.
Consent To Jurisdiction, Forum Selection And Choice Of Law:
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Kansas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Kansas, in Johnson County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Johnson, State of Kansas shall have in personal jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please Contact Us With Any Questions Regarding This Agreement.
Winning Streak Sports, LLC.
9821 Widmer Rd.
Lenexa, KS 66215
(P) 1 (800) 768-0889
(F) 1 (913) 322-1418