Terms of Service - richsport.inc

 

Effective date: June 27, 2024

 

The website at richsport.inc (the “Site”) is owned and operated by richsport Inc. (“richsport”). The following rules and restrictions (the “Terms”) govern your use of the Site.

 

In these Terms, the words “you”, “user” and “your” refer to a visitor of our Site and the terms “we”, “us” and “our” refer to richsport.

 

By using or accessing the Site or making a purchase through our Site (collectively, the “Services"), you agree to and accept these Terms, which form a binding contract between you and richsport. We reserve the right to change the Site and these Terms at any time, and it is incumbent on you to check these Terms periodically for updates. If you don’t agree with the new Terms, you do not have to accept them, but this means that you will no longer be able to use the Site. If you use the Site, that means you agree to any and all changes to the Terms.

 

Disclaimer:

THE SITE AND SERVICES ARE PROVIDED BY RICHSPORT (AND ITS AFFILIATES) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

EXCEPT AS PROHIBITED BY APPLICABLE NEW YORK LAW, RICHSPORT, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, DO NOT WARRANT THAT ANY CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE CONTENT ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RICHSPORT DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RICHSPORT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE SITE.  WE RESERVE THE RIGHT, IN OUR DISCRETION AND AT ANY TIME, TO REMOVE OR CHANGE ANY CONTENT FROM THE SITE OR DISCONTINUE OR RESTRICT ACCESS TO ANY PART OR ALL OF THE SITE, WITHOUT NOTICE TO YOU.

 

RICHSPORT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, AND SERVICES DISPLAYED OR MADE AVAILABLE THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR PRODUCTS, OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF THE SERVICES, (E) ANY VIRUSES, TROJAN HORSES, OR OTHER MALWARE OR MALICIOUS OR DAMAGING SOFTWARE, WHICH MAY BE TRANSMITTED THROUGH THE SERVICES, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES (INCLUDING BUT NOT LIMITED TO ON ANY THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

ALL THIRD PARTY PRODUCTS, CONTENT, AND SITES LINKED, MADE AVAILABLE, OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT THEREFROM. RICHSPORT IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE FOR THIRD PARTY SITES.

Intellectual Property Rights:

All Content displayed, performed, or otherwise made available on or through the Site are subject to intellectual property rights and protections under intellectual property laws. “Content” includes, but is not limited to all text, designs, photographs, artwork, audio-visual content, data, and code. richsport is the owner of all Content unless indicated otherwise. You agree that you will comply with such laws and respect any and all copyright and trademark notices and other intellectual property information and restrictions contained in the Site, and that you will not copy, reproduce, modify, distribute, perform, display, broadcast, transmit, exploit any Content on the Site in a manner that will violate the rights of any party, without the prior consent of that party. 

 

richsport is the owner of the RICHSPORT trademark and logo.

 

Your Representations and Warranties:

By using the Services, you represent and warrant that you:

  • are of legal age to form a binding contract (usually 18 years old) or possess legal parental or guardian consent;
  • are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties, and to abide by and comply with these Terms;
  • will only use the Site in a manner that complies with all applicable laws and regulations; and
  • Will NOT use the Site in a manner that:
    • infringes the intellectual property rights of any party;
    • violates the security of any computer network;
    • runs any form of auto-responder or “spam”;
    • “crawls,” “scrapes,” or “spiders” any data on the Site;
    • copies and/or stores any significant portion of the Site; or
    • is fraudulent, threatening, harassing, defamatory, obscene, deceptively misleading, or otherwise harmful or unlawful.

Minors:

If you are under the legal age of majority in the jurisdiction where you reside, do not access or use this Site or Services for any reason. Minors are not authorized to make a purchase without legal parental or guardian consent. We do not take responsibility for purchases made by minors without the requisite consent and we will not make exceptions to the Terms, including but not limited to those related to returns.

Terms of Sale:

By placing an order with us, you agree to be bound by and accept these Terms, including the following:

  • Orders: An order placed through the Site is an offer by you to buy a product or products. Upon receipt of your order we will send you an email confirmation, however our acceptance of your order and the formation of a contract for sale will not be formed between us until we have shipped the purchased product(s) to you. We will be unable to ship the product(s) to you if your payment cannot be processed. Prior to our acceptance of an order, we may require verification of your information. We are not obligated to accept your offer and we reserve the right to refuse service to anyone for any reason at any time.
  • Shipping: Please note that we only are able to deliver our products to valid addresses within the United States. We will aim to deliver our products to you within 30 days unless you agree to a later date. We are not responsible for any incorrect shipping address that you may provide.
  • Title to Products: Title and risk of loss for products ordered from the Site will pass to you after we have delivered such products to the carrier.
  • Product Availability and Compatibility: We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products shown or listed for sale on the Site may be unavailable, may have different attributes than as described or pictured, or may have a different price or not be compatible with your intended use. In addition, we may make changes to information, descriptions, specifications, prices and availability of any products without notice. Products may not be available for delivery to your location. We make no guarantee regarding the availability of any product shown on the Site, and we reserve the right to change, stop making, or stop selling any products at any time without notice to you.
  • Return Policy: THERE ARE NO REFUNDS, RETURNS, OR EXCHANGES AVAILABLE. If a product ordered from this Site is a different item from what you ordered or if it arrives broken or damaged, please email hello@richsport.inc within fourteen (14) days of the date that the products have been delivered to you. We may require that you provide evidence of damage or to return the incorrect or damaged item to us, and may issue a refund only in richsport’s sole discretion.

 

No Guarantee of Security of Privacy:

We cannot guarantee complete security or privacy of our Site or network. Please ensure that the security of your own computer and network is comprehensive and up-to-date. We accept no responsibility for viruses, malware, or other malicious or damaging software.

 

Information You Submit to Us:

richsport’s use of any and all information that you may provide via your use of the Site shall be governed by these Terms and our Privacy Policy which is available [HERE]. By providing any information to richsport, you understand, acknowledge, and agree that:

  • you are solely responsible for the accuracy of such information;
  • such information will not be treated as confidential or proprietary, unless otherwise specified in the Privacy Policy;
  • richsport undertakes no obligation to review information submitted by you; and
  • richsport and/or its affiliated funds may receive similar information from other sources and will not be limited or restricted from pursuing any opportunities.

 

User Generated Content:

richsport is under no obligation to review any communications, materials, information, opinions, and other content posted and/or submitted by you or other users accessing the Site (including, without limitation, in comments on the Site or other social media platforms owned by richsport, emails, messages, or other communications directed to richsport) (collectively, “User Generated Content”). richsport shall have no liability for any User Generated Content. richsport may use in its sole discretion the User Generated Content, in part or in whole, including without limitation all designs, information, and ideas therein, without notice, compensation, or acknowledgement to you.

 

Email and SMS Marketing:

When you provide us with Personal Information to set up an account with us, complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, we imply that you consent to our collecting such information and using it for that specific reason only.

If we ask for your Personal Information for other reasons - including to send you marketing and promotional offers - we will ask you directly for consent. If you opt-in, message and data rates may apply. We will provide you with an opportunity to opt-out at any time.

By consenting to richsport’s SMS marketing, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers related to richsport and the Site, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent to SMS marketing is not required and is not a condition for any purchase.

We have the right to modify any telephone number or short code we use to operate the service at any time, and opt-out requests sent to numbers that we have changed may not be received, and we will not be liable.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through this service, any errors in such information.

Opting Out from Email and SMS Marketing:

You may opt-out at any time from further brand marketing emails by following directions in such emails (e.g. clicking the “unsubscribe” button) or by contacting the email address or other contact information provided therein. If you opt-out, we may still send you non-marketing emails, such as service notifications or other information to the extent we are authorized to do so.

If you wish to unsubscribe from text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link provided. Alternative actions such as texting different words or making other requests will not be considered a reasonable means of opting out. We do not charge for this service, but you shall be responsible for any and all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Release re Third-Party Services:

When you access a third-party website through the Site, you acknowledge the risks in doing so, and agree that richsport is not responsible for such risks and has no control over the content and operation of such third-party sites. You release and hold richsport harmless from any and all liability arising from your use of any third-party website or service.

 

Limitation of richsport’s Liability:

To the fullest extent allowed by applicable laws, under no circumstance shall richsport (or its affiliates, officers, agents, employees, and partners) be liable to you or to any other person for:

  • any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction; or
  • any matter beyond richsport’s reasonable control.

 

Some states do not allow the exclusion or limitation of certain damages, and so this limitation of liability may not apply to you.

 

Indemnity:

You agree to indemnify and hold richsport (and its affiliates, officers, agents, employees, and partners) harmless from and against any and all claims, liabilities, suits, damages, losses, and expenses (including reasonable attorneys’ fees) arising from any third-party claims relating to your violation of these Terms, violation of any third-party rights, and/or any misuse of the Site or Services or any User Generated Content you provide, without limitation.

 

Miscellaneous:

  • You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way without richsport’s prior written consent. We may assign our rights and obligations under these Terms without consent.
  • These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the County of New York, State of New York.
  • If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
  • These Terms are the only agreement between the parties with respect to the subject matter herein.
  • Except for possible changes to the Terms by richsport in accordance with the provisions herein, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and richsport.

 

If you have any questions or concerns regarding the Terms, please contact us at hello@richsport.inc