Welcome to SportsMagick.com. SportsMagick.com, LLC and its affiliates provide their services to you subject to the following conditions. If you visit or shop at SportsMagick.com, you accept these conditions so PLEASE READ THEM CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. If you do not agree to these Terms & Conditions, you have no right or license to access this Site and you should not do so.
General
SportsMagick.com, LLC reserves the right, at any time, to modify, alter or update these Terms of Use.
Copyright
All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2000-
, SportsMagick.com, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with SportsMagick.com, LLC or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of SportsMagick.com, LLC is strictly prohibited.
Trademarks
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to SportsMagick.com, LLC or other respective owners that have granted SportsMagick.com, LLC the right and license to use such Marks.
Your Account
If you use this site, 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. SportsMagick.com, LLC does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use SportsMagick.com only with involvement of a parent or guardian. SportsMagick.com, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Product Descriptions
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail. SportsMagick.com, LLC and its affiliates attempt to be as accurate as possible. However, SportsMagick.com, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SportsMagick.com, LLC itself is not as described, your sole remedy is to return it in unused condition within 30 days.
Pricing
We make every attempt to avoid errors in pricing, but we are human. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars. Interim markdowns may have been taken, and the original retail price may not have resulted in actual sales. Except where noted otherwise, the Retail Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The Retail Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
Risk of Loss
SportsMagick.com, LLC shall in no event be liable for any direct, indirect, special, consequential or any other damages caused to customer due to a delay in, failure of, errors in, or damage during the shipments of goods. All goods purchased from SportsMagick.com, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Links to Other Web Sites and Services
This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). SportsMagick.com, LLC provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by SportsMagick.com, LLC of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the SportsMagick.com, LLC Site. Linked Sites are not under the control of SportsMagick.com, LLC and SportsMagick.com, LLC is not responsible for the contents of any Linked Site. You should contact the site administrator or Webmaster for those Linked Sites if you have any concerns regarding such links or the content located on such Linked Sites.
Disclaimer, Limitation of Liability and Indemnity.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. SPORTSMAGICK.COM, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTSMAGICK.COM, LLC DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH SPORTSMAGICK.COM, LLC ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SPORTSMAGICK.COM, LLC NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. SPORTSMAGICK.COM, LLC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF SPORTSMAGICK.COM, LLC’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPORTSMAGICK.COM, LLC, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by SportsMagick.com, LLC. If in our sole discretion you fail to comply with any term or provision of this agreement, SportsMagick.com, LLC may deny you access to the Site. In the event of denial of access by SportsMagick.com, LLC, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and SportsMagick.com, LLC relating to the subject matter addressed herein.
Applicable Law
The law applicable to the interpretation and construction of these Terms and Use and any transaction (including sales of products) using or related to the Site, shall be the laws of the State of Arizona, USA without regard to conflict of laws. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of Maricopa County, Phoenix, Arizona, USA, and you and SportsMagick.com, LLC do hereby consent to the jurisdiction and venue of such courts.
Enforceability
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and SportsMagick.com, LLC in connection with your access and use of this Site.
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