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Last updated: November 23, 2011
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Site, and you will be deemed to have agreed to these modifications through your further use of the Site. For this reason, we encourage you to review the Agreement whenever you use any of the Site. You can tell when this Agreement was last modified by checking the "last updated" date that appears at the top of the Agreement. If you do not agree to these terms, please do not use the Site.
We control the Site from our offices in Indianapolis, Indiana. You agree that: (a) all matters relating to your use of the Site, including without restriction all purchases through the Site, will be governed by the laws of Indiana and the federal laws of the United States applicable to Indiana; (b) the courts of Indiana have jurisdiction, and that you will attorn to that jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.
Unless otherwise noted, the Site, and all materials on the Site, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, and all registered and unregistered rights in such materials provided under intellectual property law or similar laws under any jurisdiction in the world (collectively, the "Contents"), are owned, controlled or licensed by Hat World. HAT WORLD, LIDS, CAP CONNECTION, and other trademarks appearing on the Site are the trademarks of Hat World and/or its subsidiaries.
The Site and the Contents are intended solely for your personal, non-commercial use. You are permitted to view, download and print hard copies of pages from the Site for your own personal, non-commercial, lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Hat World. No right, title or interest in any downloaded Content is transferred to you as a result of any such viewing, downloading or printing.
Except as noted above, you may not reproduce, communicate to the public by telecommunication, publish, transmit, distribute, display, modify, create derivative works from, sell, rent or exploit in any way any of the Contents or the Site. In particular, the Contents may not be modified or altered, merged with other data or published in any form, in whole or in part, including by "screen scraping," "database scraping" or any other activity intended to collect, store, reorganize or manipulate the Content on the pages produced by, or displayed on, the Site.
When you link to the Site, you may not under any circumstance use technology to display the content of the Site in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by the Site.
You acknowledge the unauthorized use of the Site or the Contents could cause irreparable harm to Hat World and that in the event of an unauthorized use, Hat World will be entitled to an injunction in addition to any other remedies available at law or in equity.
Right to Modify, Suspend or Discontinue the Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site, any user's access to the Site or part of the Site, or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Site.
User Comments, Feedback, and Other Submissions
Hat World is pleased to hear from users and welcomes your comments regarding our products and services. However, our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested.
Consequently, if, at our request, you send certain specific submissions, or without a request from us you send us creative ideas, suggestions, proposals, plans, or other materials (collectively, "Comments"), you will be deemed to grant Hat World a royalty-free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create adaptations or derivative works from and distribute these Comments throughout the universe in any medium and through any methods of distribution, transmission or display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" in the Comments have been waived. You also agree that Hat World is and will be under no obligation to: (a) maintain any Comments in confidence; (b) pay compensation for any Comments; or (c) respond to any Comments. Hat World has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Hat World or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Hat World takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Errors, Inaccuracies, and Omissions
Occasionally the Site may present information containing typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, or availability. Although we make reasonable efforts to ensure that the Site are current and contain no errors or inaccuracies, we make no representations, warranties or guarantees that the information, content or materials included in the Site will be error-free or completely accurate or current at all times, or at any time. We reserve the right at any time in our sole discretion and without notice to correct any errors, inaccuracies or omissions to the information on our Site.
To purchase products and access special content, you may be required to register and/or create a personal account. If registration is requested, you agree to provide Site with accurate, complete registration information. When requested during registration(s), you must use your real name and accurate information. To the best of our capabilities, we do not allow any other non-Hat World employee or representative to access your account unless they provide the proper identifying information. It is your responsibility to safeguard your login information and prevent unauthorized use. Any password or right given to you to obtain information or documents is not transferable or assignable. We disclaim liability against incorrect actions taken by us as a result of receiving bad information from you during or any part of the registration process.
We have tried to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's or printer's display of any color will be accurate, and take no responsibility and assume no liability for any discrepancies between such displays and the actual colors of the products.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mail bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Hat World's ability to monitor or make the Site available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. Hat World will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations. At all times, Hat World will have the discretion to take such action as Hat World deems necessary, in its sole discretion, to preclude a security violation, and Hat World will not be liable for any damages of any nature suffered by you or a third party resulting from Hat World's exercise of its rights.
We provide the Site "as is," and without any warranties or implied terms of any kind, whether express or implied, including but not limited to warranties of title, merchantable quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the Site is for your general information purposes only and does not constitute advice. Hat World expressly disclaims any duty to update or revise the content of the Site, although we may do so at any time, with or without notice.
Exclusion of Liability Associated with Use of the Site
Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Hat World will not be liable for any damages of any kind related to your use of the Site. You agree that your sole remedy in the event of any problem with your use is to cease using the Site. In no event will Hat World or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of the Site or any other website linked to the Site or the Content, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, and whether or not Hat World has been advised of the possibility of such damages, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.
Without limiting the previous paragraph, you acknowledge and agree that: (a) Hat World is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications; and (b) Hat World assumes no responsibility, and will not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
You agree to defend, indemnify and hold Hat World, its parent corporations, subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any and all allegations, claims, damages, costs and expenses, including attorneys' fees and disbursements, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
The waiver of any provision of the Agreement will not be considered a waiver of any other provision or of Hat World's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision will be severable, and all other provisions will remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by or Hat World. The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this Agreement for all purposes.
Online Shopping Terms and Conditions
Online Shopping Terms and Conditions
You agree to pay for all charges accumulated by you on the Site. Many products displayed on the Site are available in select Hat World stores in the United States, Canada, and other markets. Unless otherwise indicated, prices displayed on the Site are quoted in U.S. Dollars.
The items available and the prices for items on the Site are not necessarily the same as the items and pricing within any physical location operated by Hat World. All prices listed on the Site are subject to confirmation. Hat World will strive to notify you by email within two business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the Site or on your purchase order. If you receive such notification, the sale will be automatically terminated unless you reply by email within five business days with confirmation of your intention to purchase the item at the confirmed price.
(c) Warranty Coverage and Liability Associated with Product Purchases
Hat World is not liable or responsible for the character, quality, performance, quantity, size, color, merchantable quality, or fitness for a particular purpose of any product acquired by you or on your behalf from Hat World. The warranty coverage for a product, if any, will be limited to the coverage offered by Hat World or the manufacturer of the product. You acknowledge that some warranty programs are valid only in the jurisdiction where Hat World resides and that it is your sole responsibility to determine if the warranty program for any product you purchase will be honored where you reside. You acknowledge and agree that Hat World will not in any case be liable for any amounts which exceed the value of the particular item being purchased or for any indirect, consequential, special, incidental or punitive damages whether or not Hat World has been advised of the possibility of such damages.
You must be 18 years of age or older to purchase from the Site.
You may purchase or order items only for lawful purposes: no other use is permitted. Hat World reserves the right to: (a) limit the quantities of items which you, your affiliates or any group seek to purchase; (b) reject, correct, cancel or refuse orders; and (c) to terminate accounts in its discretion including, without limitation, if Hat World believes that customer conduct contravenes applicable law or is harmful to the interests of Hat World or its representatives, agents, contractors, suppliers or licensees.
Hat World will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Hat World will not be responsible for any delays in delivery.
Hat World reserves the right to co-operate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
LIDS LIQUIDATION AUCTIONS ONLINE PURCHASE AGREEMENT
This Purchase Agreement is entered into on April 1, 2015, between Hat World Inc. dba Lids Sports Group (“Seller”), which wishes to sell certain damaged or discontinued inventory (“Merchandise”) on the terms and conditions set forth in this Agreement, and the undersigned “Buyer”, which wishes to purchase Merchandise on such terms and conditions.
The Seller and the Buyer agree as follows:
1. From time to time in its discretion, Seller may make available for purchase by Buyer items of merchandise at prices per unit to be set forth on Exhibit A to this Agreement, as they may be agreed by the parties to respect to each purchase transaction. Items of Merchandise purchased by Buyer pursuant to such availability will be sold and purchased at the price specified in the bid accepted through lids.bstock.com, on the terms and conditions specified by herein. For the avoidance of doubt, this agreement may not be modified unilaterally by a purchase order or other document issue by Buyer, even if Seller delivers merchandise after receipt of such purchase order without disclaiming its terms and conditions.
2. Merchandise will be sold and purchased FOB Seller’s distribution facility in Indianapolis, Indiana, or Mississauga, Ontario, CA, or Aguadilla, PR. Buyer will solely be responsible for all costs of transportation, duties, taxes, and insurance from such facility to Buyer’s destination and will bear the risk of loss or damage to Merchandise from the point at which the Merchandise is delivered to the custody of the Buyer’s carrier.
3. Merchandise is sold AS IS, and subject to up to a 3% quantity variance per order, which is reflected in the agreed purchase price. The Buyer must notify the seller in writing of any quantity discrepancy above 3% of the units of Merchandise ordered within 7 days after delivery of the Merchandise to Buyer’s carrier pursuant of Section 2 of this Agreement, and shall have no recourse for discrepancies below 3% or for discrepancies not noticed pursuant to this Section 3 within the 7 days specified herein. The Seller warrants that the buyer will receive good and marketable title to Merchandise purchased hereunder, but Seller hereby disclaims all other warranties, express or implied, including without limitation the warranties of merchantability, non-infringement, or fitness for a particular purpose.
4. The purchase price for Merchandise will be due and payable by electronic funds transfer (ACH or wire) to Seller’s account not more than 48 hours after Buyer is sent e-mail notice of acceptance of its bid. The funds transfer instructions will be made as follows:
All auctions must be paid for within 48 hours of auction close. Please contact firstname.lastname@example.org with any questions regarding payment.
Payment is to be made by wire as follows:
To: SILICON VALLEY BANK
3003 TASMAN DRIVE
SANTA CLARA, CA 95054
Routing and Transit Number: ABA# 121140399
For Credit Of: B-STOCK SOLUTIONS, INC.
1870 BROADWAY ST, SUITE 200
REDWOOD CITY, CA 94063
Credit Account #: 3300 654 508
By Order Of: [YOUR COMPANY NAME]
Additional Information: To ensure proper credit, please include your Order Number. Your Order Number is found on the email letting you know you won or in Orders on "My Dashboard."
Wire transfer confirmations normally take 24 hours. Purchased product will be released for shipping once payment confirmation is received by our Finance Department.
5. The Buyer will hereby covenants and agrees that it will not resell the Merchandise for delivery in the United States, Canada, or Puerto Rico, and that it will not resell Merchandise to any person or entity that it has reason to believe will resell or permit it to be resold for ultimate delivery in the United States, Canada, or Puerto Rico.
6. The Buyer will hold all information concerning its purchase and sale of Merchandise from the seller, including but not limited to the fact that such a purchase has occurred and the price and other terms of the purchase, in strict confidence and will not disclose any such information to any third party except to the extent as required by law to do so.
7. Either party may terminate this Agreement for any reason or for no reason at all at any time by giving written notice of termination to the other. Termination of this Agreement will not relieve either party of its obligations of delivery and payments for any Merchandise previously purchased hereunder.
8. This agreement will be governed by and interpreted in accordance with the laws of the State of Indiana, without regard to conflict of law rules. Any action brought in connection with this Agreement shall be brought in state or federal court sitting in Marion County, Indiana, and the parties hereby consent to the jurisdiction of and venue in such courts.