Terms
and Conditions
Please note that different terms and conditions
apply with respect to the different areas of the SimplyLacrosse.com Web sites. Below are the terms and conditions for the Lacrosse Mall Area of this Web site only. To view the terms and conditions
for the SimplyLacrosse.com & Stickbrain Village Community Areas of this Web
site, click here.
1. Use of The Lacrosse
Mall Area
These Terms of Use ("Terms") are an agreement between you and Simply
Publications ("The Lacrosse Mall", "our", or
"we") and applies to and governs your activities with the Lacrosse
Mall website ("Site"), and participating third party ““Provider’s”
(Providers). Your use of our Site, including but not limited to purchases
through the Site, constitutes your binding acceptance of this Agreement (which
incorporates by this reference to our Privacy Policy.)
We reserve the right, at our sole discretion, to change, modify, or otherwise
alter our Terms and Privacy Policy at any time, without prior notice. You agree
to be bound by any modifications we make to the Agreement by your continued
usage of the Site after we post such modifications on the Site or otherwise
make you aware of such modifications. If you object to any of our terms and
conditions, or any subsequent modification, or become dissatisfied with Lacrosse
Mall and/or our Site in any way, your only recourse is to immediately
discontinue use of our Site.
2. Services,
Transactions & “Provider” Content
Lacrosse Mall Providers. The Lacrosse Mall provides a number of different services to
assist you in accessing third party “Provider” products. The Lacrosse Mall is
an internet-based e-commerce service that provides information regarding
products of third-party “Providers”, and provides payment and other services to
facilitate your purchases. All transactions on this Site are solely between you
(as buyer or customer) and the “Providers” that list their products on our
Site. The Lacrosse Mall is paid a service fee by “Providers” or other third
parties to display their products on the Site.
“Provider” Products. The products offered for sale on our Site are “Providers'”
products. The Lacrosse Mall does not offer its own products. Therefore, you
and/or the “Providers” are solely responsible for the proper identification of,
collection, and payment of all purchases, applicable taxes, duties, fees and/or
costs associated with any transaction. The Lacrosse Mall does not sell, resell
or license any of the products listed on the Site, nor is The Lacrosse Mall
acting as an agent of sale, and The Lacrosse Mall disclaims any responsibility
for, or any liability related to, such products and/or services (see Disclaimer
of Warranties and Limitation of Liability, below). We do not bear any
responsibility for the transmission of funds due to any “Provider” or third
party provider with whom you may elect to deal. You shall be responsible for
payment of all amounts due on the terms agreed with any “Provider” or third
party. Any questions, complaints or claims related to any product or payment
should be directed to the appropriate “Provider” or service provider, and not
to The Lacrosse Mall. For clarity, SimplyLacrosse.com is a separate entity from
The Lacrosse Mall, and their listings on the Site are as third party providers
and are not the products or services of The Lacrosse Mall.
Provider Listings. Providers are
responsible for all listings and related content. While we encourage all providers
to be as accurate as possible, Lacrosse Mall does not warrant the accuracy or
reliability of product descriptions, pricing, editorial commentary, sales or
other tax representations, or any other content on our Site, regardless of its
source. Our Site content is provided for informational purposes only and does
not constitute an endorsement by Lacrosse Mall of any product, service or “Provider”.
You should not rely on such information in situations where its inaccuracy
would cause you to suffer any loss. Lacrosse Mall assumes no liability for
inaccuracy or incompleteness in its search results, editorial content, user
ratings (e.g., user “Provider” rating or user product rating), tax calculator,
or other content on the Site. All the actions taken by you on the Site are your
responsibility. Lacrosse Mall cannot make any guarantees that any information
is correct or be held liable for any actions taken based on the product and
content provided by “Providers”.
“Provider” Reviews and Placement. If applicable, “Provider”
reviews and ratings on our Site are from individuals who have elected to post
on our Site. As such, these reviews and ratings are designed to be informative
for those wishing to use them, but they do not guarantee any level of
performance by a “Provider” or other third party in any given transaction.
Participating “Providers” and other third parties may pay Lacrosse Mall to be
featured on the Site or to have their product or service offerings placed
higher in our search results and may also purchase research from Lacrosse Mall,
but such payments do not affect the reviews or ratings given to any “Provider”.
3. Responsibility and
Limitations on Your Content
As a user, you are solely responsible for all materials that you upload, post,
e-mail, transmit or otherwise make available on our Site. You certify that you
have the appropriate rights to any content you transmit, and that you have
personally created the content or that you’re an appropriate license or
sublicense from the owner.
You agree not post or
provide any information to/for our Site:
- that is known by you,
or should be reasonably known by you, to be false, inaccurate or misleading;
- that infringes any
third party's copyright, patent, trademark, trade secret or other proprietary
rights, or rights of publicity or privacy;
- that violates any
law, statute, ordinance or regulation in any applicable jurisdictions
(including, but not limited to, those governing export control, consumer
protection, unfair competition, anti-discrimination, false advertising and
privacy);
- that is, or may
reasonably be considered to be, defamatory, obscene, hateful, racially, or
religiously biased or offensive (including the use of swear words), unlawfully
threatening or unlawfully harassing to any individual, partnership or
corporation;
- for which you were
compensated or granted any consideration by any third party; that seeks to
obtain a commercial advantage; and/or
- that contains any
computer viruses, worms or other damaging or potentially damaging computer
program, script or file.
You agree not to use
false or misleading information, including false or misleading financial
information, e-mail addresses, or any content that may appear as an
impersonation of any person or entity, or otherwise misleading information as
to the origin of any information that you provide to the Site, such as
registration details, financial information, contributions or submission of any
content. You should note your affirmative obligation to indemnify The Lacrosse
Mall (among others) for the content you submit as set forth in Section 11,
below.
You agree that you will
not use any device, software or routine to bypass our robot exclusion headers,
or to interfere or attempt to interfere with the proper working of the Site or
any content or transactions being conducted through the Site. You agree that
you will not take any action that imposes an unreasonable or disproportionately
large load on Lacrosse Mall's computer systems or communications
infrastructure. You agree that you will not use any software robot, spider,
other automatic device or manual process to monitor or copy Site pages or the
content contained therein without Lacrosse Mall's express prior written
consent.
We may examine the
content on the Site on a regular basis and we maintain the absolute right,
though not the obligation, to remove or modify any content that does not meet
the standards listed herein, or that is otherwise objectionable in our sole
discretion. We also reserve the right to terminate your access to the Site if
you fail to abide by any of our terms and conditions. In addition, we may take
any legal, disciplinary and technical remedies to prevent such violation. We
are not responsible for the loss, deletion, failure to store, unsuccessful
delivery, or untimely delivery of any content submitted or transmitted through
or to our Site.
4. Intellectual
Property
All rights, title and interest in and to our Site, and any content appearing on
our Site is the exclusive property of Lacrosse Mall, its parent company,
subsidiaries, and affiliates (whether now existing or yet to be established).
You may not use the Site, or any other content appearing on the Site, on or in
connection with any purpose other than as a shopping portal. Except as
expressly permitted in these Terms, you may not reproduce, modify or prepare
derivative works based upon, distribute, sell, modify, transfer, publicly
display, publicly perform, transmit or otherwise use our Site or any other
content appearing on our Site. You may not copy or modify the HTML code used to
generate web pages on the Site.
You agree to abide by
any and all intellectual property notices displayed on the Site. You may not
decompile or disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Site. Without limiting the foregoing, you agree
not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial
purposes, any aspect of the content or Site, other than a reasonable commercial
use of the Site as a shopping portal. When you post or transmit content on or
through the Site, you grant Lacrosse Mall, its parent company, subsidiaries,
and affiliates (whether now existing or subsequently established), marketing
affiliates (whether now existing or subsequently established), and advertising
partners (whether now existing or subsequently established) a nonexclusive,
worldwide, perpetual, irrevocable, royalty-free, transferable right and license
to use, store, display, copy, modify, delete in its entirety, adapt, publish,
translate, create derivative works from and/or sell and/or distribute such
content and/or incorporate such content into any form, medium or technology, and
you also grant to Lacrosse Mall the right to further sublicense any and all of
the foregoing rights to any third party, in all cases without compensation to
you. This grant of license rights applies to the distribution and storage of
your content in any form, medium, or technology now known or later developed.
To the maximum extent permitted by law, we have the right, but not the
obligation, to use your name, city, and state in connection with any use of
submitted content.
5. Lacrosse Mall's Role
As mentioned in Section 1 above, Lacrosse Mall solely provides a platform for
third-party “Provider” sellers and you to negotiate and complete e-commerce
transactions. Lacrosse Mall is not involved in the contractual transaction
between providers and buyers (you) and is not the agent of, and has no
authority for either for any purpose. Lacrosse Mall has no obligation to review
providers, and/or warn you or maintain any quality control over listed products
(for example, we have no obligation with respect to issues involving
workmanship, defects, safety, functionality, or any other criteria). It is
solely up to: (a) providers to accurately describe and provide recourse, if
any, to the product offered; and (b) buyers (you) to independently evaluate
each product and applicable purchase terms. Providers and buyers (you) use the
Site and related services at your own risk. Lacrosse Mall is not responsible
for the conduct of providers, or any content or products on the Site.
6. Third-Party Links
At times, Lacrosse Mall may provide links to the sites of its affiliates,
third-party providers, co-brand partners and other parties. These links are
provided solely as a convenience to you, and do not constitute an endorsement
by Lacrosse Mall of the content of such third-party sites nor of the business
practices of such other businesses, entities or individuals. Lacrosse Mall is
not responsible for examining or evaluating, and does not warrant or claim
responsibility in any way, the products, services, offerings or business practices
of any of these businesses, entities or individuals, or the content of those
websites. Your use of those sites are subject to the terms of use and privacy
policies of each site, and we are not responsible any activity therein.
7. Our Rights
Lacrosse Mall maintains the right to do any of the following, at any time, with
or without prior notice:
- alter or otherwise
modify these Terms, or any other policy or agreements affecting our Site;
- restrict, suspend, or
terminate your access to all or any part of our Site;
- change, suspend, or
discontinue all or any part of our Site;
- refuse, move, or
remove any content;
- refuse to register
any user name that may be deemed offensive; and/or
- establish general
practices and policies concerning the Site.
8. Termination of
Service
You agree that Lacrosse Mall, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your e-mail or IP
address, or otherwise terminate your access to or use of the Site (or any part
thereof), immediately and without notice, and remove and discard any content
within the Site, for any reason, including, without limitation, if Lacrosse
Mall believes that you have violated the Terms. You agree that Lacrosse Mall
shall not be liable to you or any third-party for any termination of your
access to the Site.
9. Disclaimer of
Warranties
Lacrosse Mall has no control over the internal business practices of any
third-party “Provider” or seller, nor does it control, test, or inspect in any
way the functionality, quality, or safety of any item listed or sold through
our Site, or any downstream use, injury, damage, or transaction that may occur
as a result of any product obtained through our Site.
THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED ON THIS SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, LACROSSE
MALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, OR COURSE OF
PERFORMANCE. LACROSSE MALL MAKES NO WARRANTIES WITH RESPECT TO THE RESULTS THAT
MAY BE OBTAINED FROM THIS SITE, THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED
OR PROVIDERS INVOLVED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERAL.
IN ADDITION, THIRD
PARTIES PROVIDE CONTENT ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, LACROSSE MALL SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY
MATERIAL OR CONTENT, OR YOUR RELIANCE ON SUCH THIRD PARTY MATERIAL OR CONTENT.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY TRANSACTION RESULTING
THEREOF IS SOLELY AT YOUR OWN RISK. LACROSSE MALL DOES NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR OUR SERVICES. OUR
OPERATIONS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF LACROSSE MALL'S
CONTROL.
EXCEPT AS EXPRESSLY
STATED HEREIN, LACROSSE MALL MAKES NO WARRANTY THAT: (a) ANY PRODUCT OR SERVICE
WILL MEET YOUR REQUIREMENTS; (b) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OBTAINED FROM THE USE OF ANY
PRODUCT OR SERVICE WILL SATISFY ITS INTENDED OR ADVERTISED PURPOSE OR FUNCTION;
(d) ANY PRODUCT IS SAFE, DOES NOT CAUSE HARM OR DAMAGE, OR MAY BE ACCURATE OR
RELIABLE; (d) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET
YOUR EXPECTATIONS; OR (e) ANY ERRORS CONTAINED IN THE SITE OR SOFTWARE
(INCLUDING TAX CALCULATIONS APPLIED TO TRANSACTIONS) WILL BE CORRECTED.
Certain state laws do
not allow limitations on implied warranties. If these laws apply to you, some
or all of the above disclaimers may not apply to you, and you may have
additional rights.
10. Limitation of
Liability & Release
LIMITATION OF LIABILITY. IN NO EVENT SHALL LACROSSE MALL'S (INCLUDING ITS PARENT
COMPANY(S), SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES) TOTAL
LIABILTY TO YOU FOR ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, OR OTHER CLAIMS BASED ON ANY OTHER CAUSE OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE,
EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO LACROSSE MALL, DURING THE THREE (3)
MONTH PERIOD IMMEDIATELY PROCEEDING ANY CAUSE OF ACTION. THE FOREGOING
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. OUR LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO,
DAMAGES ASSOCIATED WITH: (a) LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF LACROSSE MALL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES); (b) USE OR INABILITY TO USE OUR SERVICES; (c) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SITE; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE; OR (f) ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER
FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF
GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY OTHER MATTER RELATING TO
THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
RELEASE. IN THE EVENT OF A
DISPUTE BETWEEN YOU AND A “PROVIDER” LISTED ON THE SITE, YOU RELEASE TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LACROSSE MALL (INCLUDING ITS PARENT
COMPANY(S), SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES
UNDER CONTRACT WITH LACROSSE MALL OR ITS AFFILIATES AND EACH PARTY'S RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES), FROM AND
AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH SUCH A DISPUTE. If you are a California resident, by using the Site, you
explicitly waive the rights granted to you under California Civil Code 1542,
which states: "[a] general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his
settlement with the debtor."
11. Indemnification
You agree to indemnify, defend, and hold Lacrosse Mall, its parent company,
subsidiaries, affiliates, officers, directors, employees, successors, and
assigns harmless from any claim or demand, including reasonable attorneys' fees
and court costs, made by any party due to, relating to, or arising out of your:
(a) use of the Site; (b) the products or services you purchase on the Site; (c)
your violation of any of our Terms, Privacy Policy or other agreement you may
make with Lacrosse Mall; (d) any content you choose to submit, post, or
transmit to Lacrosse Mall or the Site; and/or (e) your violation of any rights
of others.
12. Registration &
Account Responsibility
Registration to SimplyLacrosse.com and The Lacrosse Mall is available to anyone
13 years of age or older who truthfully and accurately provides all required
information (including a legitimate e-mail address) and obtains a unique
username and password. If you are under the age of 18, you represent and
warrant that you have the permission of your parent(s) or legal guardian(s) to
access and use the Site. You must have a registered account in order to post
messages in the community forum. You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. You agree to immediately notify us of any
unauthorized use of your password or account or any other breach of security. You
also agree to properly log out from your account at the end of each browsing
session. We will not be responsible for any loss or damage that may result if
you fail to comply with these requirements. Furthermore, you are strongly
advised to maintain and protect your own privacy by choosing carefully what
personally identifiable information you include in content you post on the
Site.
13. Reporting
Infringement
All content available on the Site, including site design, text, graphics,
interfaces, and the selection of arrangements is either the property of Lacrosse
Mall, providers, or other third parties. If you believe that any content shown
or transmitted through our Site violates any of our Terms, or the intellectual
property rights of you or others, you can report such violations to: support@simplylacrosse.com.
In the case of a
potential intellectual property violation, please provide the following
information:
- A description of the
intellectual property you claim has been infringed;
- Identify the material
on the Site that you claim is infringing with enough detail so we may locate it
on the Site;
- A statement by you
that you have a good faith belief that the disputed use is not authorized by
the intellectual property owner, its agent, or the law;
- A statement by you
declaring under penalty of perjury that: (a) the above information in your
notice is accurate; and (b) that you are the owner of the intellectual property
interest involved or that you are authorized to act on behalf of that owner;
- Your address,
telephone number, and e-mail address where we can contact you; and
- Your physical or
electronic signature.
It is often difficult
to determine if in fact intellectual property rights have been violated. We may
request additional information before we remove allegedly infringing material.
If a dispute arises as to the correct owner of the rights in question, we
reserve the right to make a reasonable decision, and/or to remove both parties'
content.
14. General Information
These Terms, together with other applicable agreements and policies from Lacrosse
Mall, constitute the entire agreement between you and Lacrosse Mall and govern
your use of our Site, superseding any prior agreements between you and Lacrosse
Mall, if any. The relationship between you and Lacrosse Mall are governed by
the laws of the State of
Lacrosse Sticks
Mens Lacrosse Equipment
Women's Lacrosse Equipment
Cleats
Shirts (2)
T-shirts (1)
CD - DVD - Video
CD audio
DVD
Video cassettes
Books
Gifts
Software
