Terms And Conditions
Welcome to JmksportShops Inc.'s dtlr.com Web Site (the "Site"). The Site is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use the Site.
Although you may "bookmark" a particular portion of the Site and thereby bypass this Agreement, your use of the Site still binds you to the terms. JmksportShops, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use the Site.
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by JmksportShops Inc., one of its affiliates or by third parties who have licensed their materials to JmksportShops Inc. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.
The content of the Site, and the Site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. JmksportShops Inc. reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Site.
JmksportShops and other trademarks appearing on the Site are the trademarks of JmksportShops Inc.
Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from JmksportShops Inc.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to JmksportShops Inc. on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain JmksportShops Inc.'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to JmksportShops Inc. of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, JmksportShops Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. JmksportShops Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
At JmksportShops Inc., our commitment is to offer convenience, service, and product availability at compelling prices everyday, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at the Site will usually be priced the same as merchandise offered at our affiliate JmksportShops stores, in some cases, JmksportShops stores may have different prices or promotional events at different times.
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
CORRECTION OF ERRORS AND INACCURACIES
The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase you may return it with the original packing receipt. Please see our Return Policy.
In the event a product on the Site is listed at an incorrect price due to typographical error or systems error, JmksportShops Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. JmksportShops Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, JmksportShops shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by JmksportShops Inc. 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.
JmksportShops Inc. may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in JmksportShops Inc.'s account information.
ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Pennsylvania, United States of America.
USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a JmksportShops Inc. or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this 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. You may not 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 organization.
You agree to indemnify, defend, and hold harmless JmksportShops Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, JmksportShops Inc. may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with JmksportShops Inc., JmksportShops Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of JmksportShops Inc.. JmksportShops Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, JmksportShops Inc. seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well (including if a specific link does not work).
JmksportShops RADIO GENERAL CONTEST RULES
Participants in a JmksportShops Radio promotion, resulting in a prize or award, must be 21 years or older to win, unless otherwise specified. Satisfactory proof of identification and age must be presented before claiming a prize. A person cannot enter on behalf of another person.
There may only be one winner of any JmksportShops Radio promotion per household during a sixty (60) day period. JmksportShops Radio is not responsible for lost or delayed mail, for telephone or fax equipment failures, or for e-mail system malfunctions causing a contestant to lose or delay the chance to participate.
JmksportShops Radio will keep a file of customized rules for any promotion with Rules differing from these General Contest Rules. Persons involved with providing the prize or award, or the immediate families of such employees, volunteers and persons, are not eligible to participate or win.
Winners are responsible for any and all taxes associated with winning the prize. Winners will need to sign a W-9 form, provided by JmksportShops Radio, before receiving any prizes valued at over $600.
Participants must be U.S. citizens for prizes valued at $600 or greater, unless otherwise specified. Prizes have no cash equivalent and are not transferable.
JmksportShops Radio reserves the right to substitute a prize of similar value in its sole discretion, either before or after a winner has been selected. JmksportShops Radio management will have sole discretion to decide any questions concerning the interpretation of rules governing the promotion and the administration of the promotion, and such decisions shall be final.
The promotion rules may be amended at any time by JmksportShops Radio management without prior notice. However, all changes will be published on the JmksportShops Radio website and effective as of that date.
In the case of a tie, JmksportShops Radio reserves the right to choose the winner by any method it deems appropriate.
JmksportShops Radio reserves the right to reject or discard any incomplete or confusing entry and any entry not submitted in accordance with promotion rules. No promotion, promotion rules or explanations thereof shall be construed or implemented in any way which violates applicable laws and regulations. Participants will not have any expectation of privacy concerning the information submitted or the announcement of winners. JmksportShops Radio reserves the right to use such information for any purpose as JmksportShops Radio deems appropriate.
Submission of an entry or response shall constitute acceptance of the promotion rules and a waiver of any and all claims JmksportShops Radio related to the promotion.
No purchase or donation is necessary to enter.
JmksportShops SMS/TEXT PROGRAM
1. SMS Program Content: JmksportShops will provide SMS and/or MMS messages and other mobile contacts with member/consumer content, including coupons, advertisements, events, releases polls, giveaways, downloads and information alerts from JmksportShops along with future content which may be of specific interest to our individual customers.
2. Message Frequency: The SMS Program is a subscription-based program and SMS Program participants will receive a maximum of 12 messages per month. JmksportShops will occasionally offer the option to opt-in to additional mobile messages for specific promotions for a specified amount of time.
3. Authorized Participation: By enrolling in the SMS Program, you certify that you are 18 years of age or older, and are authorized: (a) to enroll the designated mobile phone number in the SMS Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS Program. Your consent to receive SMS and/or MMS messages is not a condition of purchase of any products or services, and no purchase is necessary. In the event that you change or deactivate your mobile number, it is your responsibility to notify JmksportShops at 844-788-4552 to have your number removed.
4. Technology Used To Send Messages: You understand that we will send SMS and MMS messages using automated technology including through an automatic telephone dialing system.
5. Location Information: You agree that JmksportShops may use location information (such as GPS data) from your mobile device when you are in or near a JmksportShops retail location and send you additional SMS and/or MMS messages based upon your location.
6. Tights & Leggings: To stop receiving JmksportShops Mobile text messages, reply STOP to any JmksportShops text message, Text STOP to 40558, or contact the JmksportShops Customer Service team at 844-788-4552. If opting-out via a STOP reply message, you consent to receive an additional text message confirming your opt-out request. Please allow up to five (5) business days to process your request.
7. For Help: Text HELP to 40558 for help. Customer may also call the JmksportShops Customer Service line at 844-788-4552 or send an email to [email protected] for help or for questions about the program.
8. Cost to Participate: Participation in the SMS Program is free; however, Message and Data rates may apply. Check your mobile plan for details. JmksportShops is not responsible for any messaging or data charges incurred by SMS Program participates. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the SMS Program, and you will be responsible for all charges related to them.
9. Carriers Information: The mobile carriers are not liable for delayed or undelivered messages. SMS Program may not be available through all carriers.
11. Severability: If any provision of these SMS Program Terms & Conditions is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these SMS Program Terms & Conditions, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these SMS Program Terms & Conditions (which will remain in full force and effect).
THIS SITE AND THE MATERIALS AND PRODUCTS IN 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, JmksportShops INC. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JmksportShops INC. 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. JmksportShops INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
JmksportShops INC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF JmksportShops INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.