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PWHL Shop Terms of Service

Dec 14, 2023

Terms of Service


SUPPLEMENTAL SHOP TERMS OF SERVICE APPLICABLE TO SHOP.THEPWHL.COM

These Supplemental Shop Terms of Service are effective as of December 15, 2023.

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE­­ ACCESSING THIS TERMS OF SERVICE AGREEMENT OR THE WEBSITE, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-929-542-2610 (OR 1-437-293-8640 IF OUTSIDE THE UNITED STATES), 24 HOURS A DAY, 7 DAYS A WEEK (OR VIA OUR CONTACT US PAGE HERE)

WHILE THERE ARE SIGNIFICANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THE TERMS BELOW CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY IN ADDITION TO DISCLAIMERS OF WARRANTIES (SECTION 7), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 8), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 10).

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Table of Contents

  1. This is a Legal Agreement
  2. Products, Content and Specifications; Accuracy of Information.
  3. Placing an Order; Limitations; Acceptance
  4. Promotions and Coupons
  5. Shipping and Delivery 
  6. Use of the Shop Services
  7. DISCLAIMERS
  8. EXCLUSIVE REMEDY AND LIMITATION ON LIABILITY
  9. Indemnification
  10. Miscellaneous
  11. Additional Assistance

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  1. This is a Legal Agreement

These Supplemental Shop Terms of Service (the “Supplemental Shop Terms”) govern your access to and use of the shop.thepwhl.com websites and online services (“Shop”). These Supplemental Shop Terms are a legal agreement between you and PWHL Holdings LLC and its subsidiaries and affiliates, including PWHL Leagueco US LP, and member teams ("PWHL"). Your access to and use of Shop also is governed by and subject to the PWHL Terms of Use (the "Terms") and Privacy Policy. The Supplemental Shop Terms set forth certain additional terms and conditions that apply to your access to and use of Shop and Shop services, including to sales of products and services on or through Shop (together, the "Shop Services"). To the extent there is any direct conflict between the Terms and these Supplemental Shop Terms, these Supplemental Shop Terms shall control. For the sake of clarity, silence with respect to a particular item in either the Terms or these Supplemental Shop Terms does not constitute a conflict.

Shopify Inc. and its subsidiary and affiliated entities (“Shopify”)- and not the PWHL - operate the Shop Services. If you have any questions, comments, or concerns about the Shop Services, please contact the Shopify customer care department at merch@thepwhl.com. PWHL and Shopify may be collectively referred to as “we” or “us”.

BY ACCESSING OR USING THE SHOP SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND THESE SUPPLEMENTAL SHOP TERMS.

DO NOT USE THE SHOP SERVICES IF YOU DO NOT ACCEPT THE TERMS AND THE SUPPLEMENTAL SHOP TERMS. IF YOU ARE DISSATISFIED WITH THE TERMS OR SUPPLEMENTAL SHOP TERMS IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SHOP SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHOP SERVICES.

You may wish to print a copy of these Supplemental Shop Terms and the Terms or save them to your device for future reference. These Supplemental Shop Terms and/or the Terms may be modified at any time, for example to reflect changes in laws or regulatory requirements. Any use of the Shop Services by you after we post modifications to the Supplemental Shop Terms or the Terms constitutes your acceptance of those modifications.

  1. Products, Content and Specifications; Accuracy of Information.

The Shop Services may contain typographical or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without notice. The inclusion of any products or services on the Shop Services at a particular time does not imply or warrant that these products or services will be available at any time(s). Products included on the Shop Services may be unavailable and/or may have different attributes than those described on the Shop Services. In the event a product is listed at an incorrect price due to typographical error or other error in pricing or other information, we will have the right to cancel orders of any such product (including after an order has been submitted). If your payment card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them). We cannot guarantee any color or texture or detail of products will be accurately displayed on the Shop Services. In no event will any information or other content contained in the Terms or Supplemental Shop Terms or any area of the Shop be construed as a representation or guarantee with respect to any content, services, or products. We do not guarantee the accuracy, completeness, or usefulness of any descriptions or other content. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made via the Shop Services by any third party, including, without limitation, customers or manufacturers, distributors, or suppliers of products and services sold through the Shop. We assume no responsibility or obligation to modify or remove any inaccurate content.

  1. Placing an Order; Limitations; Acceptance

We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify acceptance of your order, nor does it constitute confirmation of an offer to sell. We accept your order only upon shipment of the product.

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 sale of any item purchased on or through the Shop Services. By placing an order, you represent that the products ordered will be used only in a lawful manner and that you have a right to use any payment method that you provide to use. Any videos sold are for private, home use (where no admission fee is charged), and non-public performance and may not be duplicated. You may not purchase products with the intent to resell them.

  1. Promotions and Coupons

In order to participate in or use certain services, programs (including any customer rewards or loyalty programs), promotions, discounts, vouchers, or coupons that may be run from time to time with respect to the Shop Services ("Offers"), you may be required to agree to additional or different terms and conditions ("Offer Terms"), which may be imposed by us or by participating third parties, such as vendors or merchants that issue, sponsor, or are associated with an Offer. By using or participating in an Offer, you indicate your acceptance of all applicable terms and conditions, including the Terms, these Supplemental Shop Terms and, if applicable, the Offer Terms, and agree that the Offer is a Shop Service for all purposes hereunder. If there is a conflict between the Terms or Supplemental Shop Terms, on the one hand, and any Offer Terms, on the other hand, the Offer Terms shall control solely with respect to such Offer and the non-conflicting provisions in the Terms and these Supplemental Shop Terms will continue to apply to such Offer. For example, if you seek to redeem a coupon code on the Shop, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of the Terms and these Supplemental Shop Terms. For the sake of clarity, silence with respect to a particular item in either the Terms or these Supplemental Shop Terms or any Offer Terms does not constitute a conflict.

If an Offer does not contain Offer Terms, then only the Terms and these Supplemental Shop Terms apply. Under these Supplemental Shop Terms, unless otherwise prohibited by law, any Offer: (a) is valid only at the Shop Service identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the date specified in the Offer, or, if none, the later of five (5) years from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold, or traded or used to pay any tax, such as sales tax, or any value added service. In addition, some Offers may be in the form of a voucher or coupon. If you purchase a voucher with promotional value beyond the amount paid, you may redeem the voucher for its promotional value until the expiration date of the promotional period, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.

  1. Shipping and Delivery

All products purchased through the service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.

  1. Use of the Shop Services

By accessing and using the Shop and Shop Services, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (c) you are eighteen (18) years of age or older; (d) your use of the Shop and Shop Services does not violate any applicable law, rule, or regulation; and (e) you will comply with all terms and conditions set forth in the Terms and these Supplemental Shop Terms and agree that the Terms and these Supplemental Shop Terms govern your access to and use of the Shop Services. Shopify is an intended third-party beneficiary to the Terms to the extent they pertain to the Shop Services, and any references in the Terms to the "PWHL," "we," "us," "our," or similar terms shall be deemed to include Shopify and its affiliates, subsidiaries and partners where appropriate. Without limiting the foregoing, Shopify and PWHL shall be entitled to directly enforce and rely upon any provision of the Terms which confers a benefit on (or rights in favor of) them.

The content and information posted by us on the Shop may be used by you only for informational, personal, or other purposes authorized by us. Your use of the Shop Services is governed by the Terms and these Supplemental Shop Terms. Without limiting the foregoing, the design of the Shop Services and all text, graphics, information, content, software, technology components, and other material used by, displayed on, or that can be downloaded from the Shop Services are either the property of, or used with permission by, Shopify, PWHL, our suppliers, and/or other third parties, and may be protected by copyright, trademark, and other laws and may not be used except as permitted under the Terms and the Supplemental Shop Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on the Shop Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

You may not use the Shop Services for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Supplemental Shop Terms may immediately terminate your right to use and access the Shop Services and may subject you to legal liability. Appropriate legal action may also be taken for any illegal or unauthorized use of the Shop Services. We may remove any unauthorized content or links, etc. without notice. In addition, you may not attempt to include any of the following in merchandise that is offered for sale through the Shop Services and that permits user-added or user-generated content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party’s authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness.

  1. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SHOP IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THE TERMS, THESE SUPPLEMENTAL SHOP TERMS AND ALL APPLICABLE LAW WITH RESPECT TO USE OF SHOP AND THE SHOP SERVICES. ALL PRODUCTS AND SERVICES ACCESSED OR PURCHASED ON OR THROUGH THE SHOP SERVICES ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXCEPT TO THE EXTENT OF ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES ACCESSED, LISTED, OR PURCHASED ON OR THROUGH THESE SHOP SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SHOP, ITS CONTENT, OR THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SHOP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION TO THE EXTENT NOT CAUSED BY US. WE ALSO MAKE NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE SHOP, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD-PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SHOP OR THE SHOP SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SHOP OR THE SERVER(S) THAT MAKES IT AVAILABLE IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF SHOP OR THE SHOP SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE SUPPLEMENTAL SHOP TERMS.

  1. EXCLUSIVE REMEDY AND LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL PWHL, ITS AFFILIATES, SHOPIFY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE SUPPLEMENTAL SHOP TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SHOP SERVICES OR ANY SITES LINKED FROM THE SHOP SERVICES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SHOP SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PWHL OR SHOPIFY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE SUPPLEMENTAL SHOP TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

  1. Indemnification

You agree to indemnify, hold harmless, and defend us, our partners, subsidiaries, affiliates, suppliers, and licensors and each of our and their respective officers, directors, contractors, agents, employees, successors, and assigns (the "Shop Parties") from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including, without limitation, reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Shop Services, (ii) your online conduct in connection with the Shop Services, (iii) your violation or breach of the Terms or Supplemental Shop Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Shop Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Shop Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Shop Services. You shall not settle any such claim without the prior written consent of the party entitled to indemnification. These obligations will survive any termination of these Supplemental Shop Terms.

  1. Miscellaneous

You agree to resolve any dispute arising out of or in connection with the Shop Services or these Supplemental Shop Terms as set forth in Section 11 of the Terms. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.  Our performance under these Supplemental Shop Terms is subject to existing laws and legal process, and nothing contained in the Terms or in these Supplemental Shop Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your access to or use of the Shop or Shop Services or information provided to or gathered by us with respect to such use. If any part of these Supplemental Shop Terms is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Supplemental Shop Terms shall continue in effect.

  1. Additional Assistance

If you do not understand any of the foregoing Supplemental Shop Terms, or if you have any questions or comments about the Shop Services, we invite you to contact us here.

 

Erin Stork