LAST MODIFIED: March 12, 2024
IN THE UNLIKELY EVENT THAT ANY DISPUTE BETWEEN US IS NOT RESOLVED BY OUR DEDICATED SUPPORT SERVICES TEAM OR CONSULTATIONS BETWEEN US, THESE TERMS OF SERVICE REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.PLEASE SEE THE SECTION TITLED “Dispute Resolution; Binding Arbitration; Governing Law” BELOW TO LEARN MORE.
These terms of use are entered into by and between You and T Sportline, LLC (the “Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our websites at https://tsportline.com/ and any other website where we may post this Terms of Use (collectively, our “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://tsportline.com/pages/privacy-policy and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
You may not use the Website and may not accept the Terms of Use if (A) you are not of legal age to form a binding contract with us (i.e. you must be at least 18 years of age or at least 16 years of age and accompanied by an adult who will be executing these Terms of Use on your behalf and who will be responsible for your actions) or (B) you are a person barred from receiving the services under the laws of the United States or other Countries, including the Country in which you reside or from which you use the Website. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. For material changes to these Terms of Use, we will notify you of those changes on our Website via a pop-up or banner informing you of those changes. You may be required to accept these revised Terms of Use to continue using our Website. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://tsportline.com/pages/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Tesla, Model S, Model 3, Model X, Model Y, Cybertruck, and Tesla Roadster are trademarks of Tesla Motors, Inc. T Sportline and its website publications are not affiliated with or endorsed by Tesla Motors, Inc. All other company, product, or service names referenced on this website are used for identification purposes only and are the trademarks of their respective holders. Use of such trademarks does not imply any affiliation with or endorsement by the trademark holder.
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Website:
Additionally, you agree not to:
USER CONTRIBUTIONS
The Website may contain message boards, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out below in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our Copyright Disclaimer at the bottom of our home page www.tsportline.com. You can contact us at privacy@tsportline.com regarding any Copyright claims.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy https://tsportline.com/pages/privacy-policy By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All purchases through our site or other transactions for the sale of goods formed through the Website, or resulting from visits made by you, are governed by these Terms of Sale.
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we start processing the order in our warehouse. Special orders cannot be cancelled once we have placed the order with a third party vendor. We reserve the right to cancel and refund any order, at any time before or after confirmation, for any reason, at our sole discretion.
Thank you for your order! T Sportline works diligently to accurately ship all orders as soon as possible. You will receive an order confirmation email from T Sportline within an hour of placing your order (check your spam box if necessary). At this point, we have your order prioritized in the processing queue. Small packages typically ship within 1 business day of ordering. Wheel and Tire package orders are custom assembled for every order. The tire mounting and balancing is completed in-house at T Sportline and is typically completed within 2 business days of ordering. During holidays or promotional sale times, order processing may be delayed based on volume. Rest assured, your order is very important to us and we do everything possible to process and ship your order accurately and as quickly as possible! Once your order is processed, a confirming email with tracking number(s) will be emailed to you. It may take 1-2 days for the tracking number to register and show delivery status updates, depending on the carrier. Occasionally, the carrier will be delayed in updating status.
All of our orders are shipped via US Mail (2-7 business days for transit), FEDEX Ground (2-7 days for transit), or UPS (2-days days for transit). All shipments have a tracking number with the respective shipping carrier. The shipping & handling fee is based flat rate, and calculated during checkout of your order. If an item is back ordered, you will be notified via e-mail or it will be disclosed in the product description upon purchase.
The risk of loss of the item passes to you upon tender to the carrier. T Sportline will not be held responsible for lost, stolen, delayed, or marked "delivered" shipments after your order is picked up from our warehouse and in possession of the shipping carrier.
If your package arrives with substantial damage to the outside packaging, you must take clear photos and submit the images to T Sportline Customer Service: customerservice@tsportline.com within 72 hours of receiving your package for our records. Keep these photos, as you will need them to file a claim with the shipping courier.
If the contents inside are damaged, you will need to open and file a claim directly with the shipping carrier. Once the product leaves our warehouses, T Sportline is not liable for any damages during transit.
Certain orders over $350 require a signature upon delivery.
T Sportline ships worldwide. International Customers are responsible for all import fees, duties, VAT, GST, TAX, handling fees and all other import costs in their respective country. T Sportline only charges for shipping & handling.
Packaging: T Sportline takes great care in ensuring your items are well protected and uses the proper packaging and insulation to protect your item(s) from damage. If any packaging seems to be damaged in transit, you agree to notify us within 72 hours of delivery. You must notify us before the item is used or installed in or on the vehicle if damage has occurred. We suggest you have the delivery agent notate that a package is damaged. You MUST keep all packaging and insulation for us to file a shipping insurance claim on your behalf.
Items: Sometimes freight companies mishandle packages and damage may not be visible on your package. You agree to notify us within 72 hours of delivery if items are damaged upon inspection, or if you have received the wrong item.
T Sportline wants you to take comfort in knowing that all uninstalled unused items can be returned for a full refund (not including shipping charges) within 30 days of item(s) receipt. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE. *Exceptions apply, see below:
If you purchase an item(s) from us when it was not on sale you may be eligible for a sale price adjustment within 7 days of the date you placed your order. No sales adjustments will be made for purchases that are more than 7 days from the date of purchase.
If you made a purchase and received a discount (ie. Free Shipping), you are not eligible for a sale price adjustment should a better sale come out afterwards.
If you find any error with your tire order, please call customer service at 310-880-3256 and we will help find a quick and easy resolution for you.
All returns first require issuing a Return Authorization (RA) number and specific return shipping instructions confirmed by T Sportline (we will confirm the return address). Call customer service at 310-880-3256 for a Return Authorization number and shipping instructions. All returns are subject to inspection by a T Sportline returns specialist and are accepted only within 30 days of delivery. Only undamaged, unused, never installed or attempted to be installed, never driven on, with original manufacturer labels intact, and not damaged in any way tires are eligible for return.
After return, tires must be reviewed by a returns specialist before an exchange or credit is provided. Allow 3-5 business days after receipt of returned tires to process the credit.
Credit amount will be calculated as follows:
If an item is damaged or missing from an order and/or an item is shipped incorrectly, duties and taxes will not be charged upon re-shipment. Call for a return authorization number and more information on return shipments.
Canadian PST, duties and taxes will not be refunded on items returned for reasons other than those stated above.
Tires covered by a manufacturer's warranty is sold with the warranty by the manufacturer extended to the purchaser. We will be happy to assist in obtaining fulfillment of a manufacturer's warranty, if such a case arises.
Other than applicable manufacturers' warranties, there are no warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
We, as the manufacturer, reserve the right to inspect and test any structural integrity claims with respect to our exterior accessories, interior accessories, suspension, and wheels.
In case you received the wrong items or believe you have a product with a manufacturer defect, you are requested to contact us as within 72 hours of receiving your order with T Sportline Customer Service: customerservice@tsportline.com. You will be asked for photo documentation and a description of what was wrong with the order. Submitting a claim does not warrant an automatic refund. We reserve the right to investigate and make the final decision on all claims.
We incur administrative costs when receiving and processing your Purchase. We also incur costs for packaging and restocking your product if you return your Purchase. As a result, you may return your order, but your shipping cost will not be refunded.
If you reject attempted delivery of your order, and the products are returned to us you agree to be responsible for the return Shipping Cost. If you received a "Free Shipping" promotion on your order, you acknowledge that the return Shipping Cost will be based on our standard flat rate shipping costs of each respective item in your order.
You acknowledge that the Shipping Cost is a fair and reasonable estimate of the actual damages that we have incurred or may incur, costs that are otherwise impracticable or extremely difficult to determine.
If you purchase any of our Local Custom Services including but not limited to Window Tint, Xpel Paint Protection Film, Chrome Delete, Complete Vehicle Wrap, Painted Calipers, these Custom Services once completed and installed are non refundable. Should a repair deem necessary it will be covered by our warranty and needs to be done at our facility.
For additional questions about T Sportline returns and claims please email: info@tsportline.com.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
If you purchase an item(s) from us when it was not on sale you may be eligible for a sale price adjustment within 7 days of the date you placed your order. No sales adjustments will be made for purchases that are more than 7 days from the date of purchase.
If you made a purchase and received a discount (ie. Free Shipping), you are not eligible for a sale price adjustment should a better sale come out afterwards.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit and debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale to third parties.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
The actual color or appearance of a product may differ from the color or appearance you will see on Website due to your computer system and mobile device, and we cannot guarantee any color, texture or detail of actual products you see when viewing Website will be accurate.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
We do not manufacture or control every product or service offered on our Site. The availability of products or services through our Site does not necessarily indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we may not provide any warranties with respect to each product or service offered on our Site. However, the products and services offered on our Site are covered either by us or by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. In cases of third party products or services, to obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER (EXCEPT FOR THOSE LIMITED WARRANTIES EXPRESSLY PROVIDED WITH A PARTICULAR PRODUCT AT THE TIME OF SALE), INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
In addition to these Terms of Use, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.
We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN ADDITION, TO THE EXTENT YOU HAVE PURCHASED ANY PRODUCTS THROUGH OUR WEBSITE, THEN, TO THE FULLEST EXTENT PROVIDED BY LAW: (X) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY SUCH PRODUCT OR THE PURCHASE, SHIPMENT OR DELIVERY THEREOF, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; AND (Y) IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT PURCHASED THROUGH THE WEBSITE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by our negligent or more culpable acts or omissions.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
PLEASE READ THIS SECTION CAREFULLY, BECAUSE WE WANT YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.
If you have an issue with the Site, we encourage you contact us via our email at privacy@tsportline.com or by telephone at 310-880-3256.
If our support services team is unable to resolve any issues, then you and we agree that we will attempt to settle any claim or controversy arising out of or relating to these Terms of Service through consultation and negotiation, in good faith and a spirit of mutual cooperation. If the parties cannot resolve the dispute within sixty (60) days, then all claims, disputes or controversies of any nature whatsoever shall be determined by final and binding arbitration to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator. The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties. The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party. The award of the arbitrator shall be accompanied by a written explanation of the basis of the award. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.
The procedures set forth in this Section are the exclusive means for resolving any and all claims, disputes or controversies of any nature whatsoever between the parties (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property or equitable claims) arising out of or relating to the Site, the Products, these Terms of Use, or the validity, scope, interpretation or enforceability of this Section or of these Terms of Service, and neither party may initiate or maintain any proceeding in any court or similar tribunal relating to any dispute within the scope of this Section; provided that either party may seek temporary equitable relief to the extent reasonably necessary to protect its rights under these Terms of Service and either party may seek provisional remedies in aid of arbitration, in each case from a court of competent jurisdiction.
These Terms of Service and the rights the parties hereunder shall be governed by and construed in accordance with the laws the State of Georgia, exclusive of conflict or choice of law rules. The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL ONLY CONSIDER YOUR CLAIMS. CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS, WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS. YOU AND THE COMPANY UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SECTION, NEITHER YOU NOR THE COMPANY WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
Except as may be required by law, neither you nor the Company nor any arbitrators may disclose the existence, content or results of any claim, dispute or controversy under, arising out of or relating to these Terms of Service, the Products or any arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.
Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court. The parties hereby agree to bring any such claim exclusively in the courts of the State of Georgia located in Fulton County, Georgia, and you and the Company hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.
This agreement to arbitrate may be enforced by the parties to these Terms of Service and their permitted successors and assigns, and shall survive the termination or breach of these Terms of Service.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and T Sportline, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by T Sportline, LLC. All notices of copyright infringement claims should be sent to the copyright agent at privacy@tsportline.com in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to privacy@tsportline.com.
