Terms Of Use

Terms of Use

Updated: 01/01/2021

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST USE OF THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on 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. We make 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 in this Site at a particular time does not imply or warrant that these products or services will be available at any other time.

Shipping Limitations
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 Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier who will be delivering your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Account
In order to access some features of this site, you may be required to register and we may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with these terms, and we have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Copyrights and Trademarks
The material included in this Site, including but not limited to site design, text, graphics or code, and the selection and arrangement thereof copyrighted as a collective work under the United States and other copyright laws, © by KICK. ALL RIGHTS RESERVED. The collective work includes works that are licensed to KICK Sports. Copyright 2013, KICK Sports ALL RIGHTS RESERVED. All trademarks, service marks and trade names of KICK Sports used in the site are trademarks or registered trademarks of KICK Sports. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KICK Sports or purchasing KICK Sports products. The Site and all materials on the Site, including but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of KICK Sports and its affiliates and/or licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by KICK Sports or its affiliates and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site without KICK Sports wrote permission. However, you may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KICK Sports or to purchase KICK Sports products. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without Kick Sporting Good’s prior written permission is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Privacy       
Our Privacy Policy applies to your access and use of the Site, including any personal information provided via the Site or via any other aspect of the Site. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of a conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail.

Use of Site and License
The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.

Restrictions on Use of the Site
You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:

A. Harass in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a KICK Sports or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited;

B. Upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law;

C. Upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization;

D. Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;

E. Create or maintain any link from another website to any page on a Site without KICK Sports’ prior written permission;

F. Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without KICK Sports’ prior written permission;

G. Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;

H. Use any deep-link, page-scrape, robot, spider, website search application or another automatic device, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;

I. Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;

J. Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users’ enjoyment of a Site;

K. Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;

L. Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;

M. Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;

N. Scan or test the vulnerability of a Site or any network connected to a Site;

O. Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or

P. Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

Linking to this Site
Creating or maintaining any link from another Site to any page on this Site without KICK Sports’ prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another Site without KICK Sports’ prior written permission is prohibited.

Third-Party Links
In an attempt to provide increased value to our visitors, KICK Sports may link to sites operated by third parties. However, even if the third party is affiliated with KICK Sports, KICK Sports has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KICK Sports. These linked sites are only for your convenience and therefore you access them at your own risk. If you use these links, you will leave this Site. Kicks Sporting Goods is not responsible for any content, materials, or other information located on or accessible from any other Site. KICK Sports does not make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from such Sites, or the results that you may obtain from using such Sites. If you decide to access any other Site linked to or from this Site, you do so entirely at your own risk.

Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material. In addition to any remedies that Kicks Sporting Goods’ may have at law or in equity, if KICK Sports’ reasonably determines that you have violated or are likely to violate the foregoing prohibitions, KICK Sports’ may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. KICK Sports’ will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing KICK Sports’ or its affiliates to disclose the identity of anyone posting such materials.

User Information
Other than personally identifiable information, which is subject to this Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. KICK Sports, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. KICK Sports may, but is not obligated to, monitor or review any User Communications. KICK Sports shall have no obligations to use, return, review, or respond to any User Communications. KICK Sports will have no liability related to the content of any such User Communications. KICK Sports retains the right to remove any or all User Communications that includes any material KICK Sports deems inappropriate or unacceptable.

Notice and Take Down Procedures
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Kicks Sporting Goods’ copyright agent (identified below) and provide the following information:

A. A clear statement identifying the works, or other materials believed to be infringed.

B. A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.

C. Sufficient information about the location of the allegedly infringing Materials so that KICK Sports can find and verify its existence.

D. Your name, telephone number and e-mail address.

E. A statement from you, under the penalty of perjury, that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.

F. A signature or the electronic equivalent from the copyright holder or authorized representative.

KICK Sports’ agent for notice of copyright issues on the site can be reached as follows:

KICK Sports
PO Box 790311
San Antonio, Texas 78279
United States

Site and Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, KICK Sports disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KICK Sports does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. KICK Sports does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS. KICK SPORTS’ HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. HOWEVER, THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF KICK SPORTS’ OWN NEGLIGENCE, FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW, INCLUDING ANY VIOLATION OF A STATE’S PRODUCTS LIABILITY STATUTE.

Indemnification
By using the Site, you agree to indemnify, defend, and hold harmless KICK Sports, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from any and all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees and expenses, resulting from any violation of these terms and conditions or any activity related to your account (including without limitation, claims made by third parties for infringement of intellectual property rights) by you or any other person accessing the site using your Internet account. You agree to cooperate as fully as reasonably required in the defense of any claim. KICK Sports reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability
KICK Sports does not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third party site, or your downloading of any materials or information from a Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

IN NO EVENT WILL KICK SPORTING GOOD’S OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) 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 (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.

Content, Pricing and Accuracy of Information
All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Sites is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products or services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, We reserve the right to cancel any orders (or partial orders) for such products or services.

Shipping Charges and Limitations
When a product order is placed, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All product purchases from a Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.

Applicable Law
By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. The Sites are not intended to subject KICK Sports to the laws or jurisdiction of any state, country or territory other than that of the United States, and We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and/or sale of any product or service purchased via a Site.

Disputes, Choice of Law, and Jurisdiction     
A. Initial Dispute Resolution. We are available by calling 1(866) 844-KICK (5425) or email us at support@kickfoosballtables.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit.

B. Choice of Law: Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.

Admissibility
A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relate to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revisions to these Terms and Conditions
KICK Sports may revise these Terms and Conditions at any time by updating this posting without notice. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you.

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. 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 that you place or charges that you incur prior to termination. These terms and conditions, or any part of them, may be terminated by KICK Sports without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
KICK Sports may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided to KICK Sports.

Waiver and Severability
No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement
These Terms and our Privacy Policy and Additional Terms constitute the sole and entire agreement between you and Kicks Sporting Goods with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Additional Assistance
If you do not understand any of the foregoing Terms or if you have any questions or comments, We invite you to contact us by calling 1(866) 844-KICK (5425) or email us at support@kickfoosballtables.com

Your California Privacy Rights
Under California law, you have the right to request and receive information from retailers concerning any third parties who have received personal information about you from such retailers for the third parties’ direct marketing purposes. Any such requests for information can be made by contacting our Customer Service Department by calling 1(866) 844-KICK (5425) or email us at support@kickfoosballtables.com

KICK © 2021. All Rights Reserved.