- Agreement to Terms
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the colors and details of the products. All products are subject to availability, and we cannot guarantee that the items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
- Purchases and Payment
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit, change, or cancel quantities purchased. We reserve the right to limit or prohibit orders that appear, in our sole judgement, to be fraudulent or duplicated.
- Disclaimer of Warranties
You acknowledge and agree that US Glove grips, wrist supports, and wristbands are provided on an “as is” and “as available” basis, with all faults. Your use of the product is at your sole risk. US Glove, Inc. and its affiliates and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to any us glove product, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. The related persons make no warranties or representations that your use of US Glove grips, wrist supports, or wristbands will not infringe the rights of third parties.
To the fullest extent of applicable law, the related persons will not be liable for any loss or damage caused by any US Glove product. it is your responsibility to evaluate the accuracy, completeness, timeliness, reliability or usefulness of grips, wrist supports, or wristbands. Furthermore, the related persons do not guarantee that any US Glove product will be free from error, defect, loss, malfunction, corruption, and the related persons disclaim any liability relating thereto.
- Limitation of Liability
To the fullest extent permissible pursuant to applicable law and except as set forth in this section, the related persons will not be liable to you or to any other party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence and strict liability), contract, or otherwise, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, mobile phone or other device damage or system failure or the cost of substitute products or services, or for any damages for personal injury or emotional distress, including death, arising out of or in connection with any use of (or inability to use) US Glove grips, Tiger Paws, wrist supports, wristbands, or accessories. This is true even if the related persons have been advised of the possibility of such damages or losses.
To the extent permitted by law and subject to this section, the total liability of the related persons for any claims under these terms of service shall not exceed one thousand united states dollars ($1,000.00 USD). Note that some jurisdictions do not allow limitations of liability or may place limitations on our ability to limit our liability to you, so the foregoing limitation may not apply to you.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Site offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
You agree to indemnify, defend, and hold any Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from or related to (i) any breach by You of these Terms of Service, (ii) Your use of material or features available on any US Glove product in an unauthorized manner, and/or (iii) a violation by You of any and all applicable laws, rules, or regulations.
- Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
- You agree that all claims and disputes relating in any way to Your use of any US Glove Grips, Wrist Supports, Wristbands, or Accessories or arising out of or in connection with these Terms of Service, shall be resolved by binding arbitration on an individual basis, except for any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time You first agree to these Terms of Service. You also agree that any arbitration will take place in Albuquerque, New Mexico, USA.
Waiver of Judge and Jury Trial
- YOU WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, You are electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator's award shall be final and binding on the parties. It may be entered as a judgment in any court of competent jurisdiction.
No Class Arbitrations, Class Actions, or Representative Actions
- You agree that all claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims and disputes of more than one customer cannot be combined with another and brought as a class, mass, or other type of representative action, whether within or outside of arbitration, or on behalf of any individual or other group. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one customer’s or party's claims and may not otherwise preside over any form of a consolidated, mass, representative, or class proceeding. Also, the arbitrator may, in his discretion, award relief (including monetary, injunctive, declaratory relief, and attorneys fees and costs) to the prevailing party in the arbitration. Any relief awarded will not be considered precedent for claims brought by other US Glove product users.
- The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration will be initiated pursuant to the rules of the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. These Rules and filing forms are available at www.adr.org.