Terms and Conditions

End User Terms and Conditions
Dealer Terms and Conditions

End User Terms and Conditions

LEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

This Agreement contains the terms and conditions that apply to purchases by Home, Home Office, and Small Business customers from the Dynamic Team Sports entity named on the invoice ("Dynamic Team Sports") that will be provided to you ("Customer") on orders for sporting apparel and/or related products and/or services and support sold by Dynamic Team Sports in the United States. By accepting delivery of the sporting apparel, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your Dynamic Team Sports-branded clothing, you may return the apparel under the terms and conditions of Dynamic Team Sports's "Return Policy", which may be found in the documentation accompanying the apparel.

THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH DYNAMIC TEAM SPORTS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER DYNAMIC TEAM SPORTS STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in Dynamic Team Sports's sole discretion.

1. Other Documents.   Other than as specifically provided in any separate formal purchase agreement between Customer and Dynamic Team Sports, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Dynamic Team Sports.
2. Payment Terms; Orders; Quotes; Interest.   Terms of payment are within Dynamic Team Sports's sole discretion. Payment for the products and services and support may be made by credit card, wire transfer, or some other prearranged payment method unless Dynamic Team Sports has agreed to credit terms. Invoices are due and payable within the time period noted on the the invoice, measured from the date of the invoice. Dynamic Team Sports may invoice parts of an order separately. Orders are not binding upon Dynamic Team Sports until accepted by Dynamic Team Sports. Any quotations given by Dynamic Team Sports will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Unless you and Dynamic Team Sports have agreed to a different discount, Dynamic Team Sports's standard pricing policy for Dynamic Team Sports-branded apparel allocates the discount off list price applicable to the service portion of the apparel to be equal to the overall calculated percentage discount off list price on the entire apparel.
3. Shipping Charges; Taxes.   Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides Dynamic Team Sports with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Dynamic Team Sports's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
4. Title; Risk of Loss.   Title to products passes from Dynamic Team Sports to Customer on shipment from Dynamic Team Sports's facility. Loss or damage that occurs during shipping by a carrier selected by Dynamic Team Sports is Dynamic Team Sports's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
5. Return Policies.   Dynamic Team Sports-branded clothing and parts that are purchased directly from Dynamic Team Sports by an end-user Customer may be returned by Customer in accordance with Dynamic Team Sports's "Return Policy" in effect on the date of the invoice. Dynamic Team Sports's "Return Policy" can be found in the documentation provided with the Dynamic Team Sports-branded apparel.
6. Exchanges.   From time to time, Dynamic Team Sports may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Dynamic Team Sports's exchange policies in effect on the date of the exchange.
7. Products.   Dynamic Team Sports continually upgrades and revises its products and service offerings to provide Dynamic Team Sports customers with new products and service offerings.
8. Limitation of Liability.   DYNAMIC TEAM SPORTS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA, OR THE PROVISION OF SERVICES AND SUPPORT. DYNAMIC TEAM SPORTS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, DYNAMIC TEAM SPORTS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.
9. Binding Arbitration.   ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST DYNAMIC TEAM SPORTS, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Dynamic Team Sports") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dynamic Team Sports's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and Dynamic Team Sports. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
10. Applicable Law; Not For Resale or Export.   Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale or export. Dynamic Team Sports has separate terms and conditions governing resales and transactions outside the United States.
11. Headings.   The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Dealer Terms and Conditions
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PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

These terms and conditions ("Agreement") apply to your purchase and resale of computer systems, related products and/or services and support sold in the United States ("Products") by the Dynamic Team Sports entity named on the invoice ("Dynamic Team Sports") or other documents provided to you by Dynamic Team Sports. This Agreement does not apply to you if you are buying for your own end use. By accepting delivery of the Products you agree to be bound by and accept the terms and conditions of this Agreement. These terms and conditions are subject to change at any time in Dynamic Team Sports's sole discretion without prior written notice. If you do not wish to be bound by this Agreement, you must promptly notify Dynamic Team Sports. Products must remain in the boxes in which they were shipped and notify us immediately to arrange a Product return. YOU WILL BE RESPONSIBLE FOR SHIPPING & HANDLING CHARGES FOR THIS RETURN. ADDITIONAL RETURN OR RESTOCKING FEES MAY APPLY. THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH DYNAMIC TEAM SPORTS OR OTHER DYNAMIC TEAM SPORTS TERMS AND CONDITIONS APPLY.

1. Other Documents.   This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a separate written agreement signed by both you and Dynamic Team Sports. If you do not receive an invoice or acknowledgement in the mail or with your Product, information about your purchase may be obtained by contacting your territory manager.
2. Reselling.   You may resell Products to end-users approved by Dynamic Team Sports, in Dynamic Team Sports's sole discretion, only after you have added value to the Products through the addition of services. Approval by Dynamic Team Sports shall not be deemed from the sale of Product to you. You may not resell to Consumer, Education, Healthcare, Federal, State or Local sector customers nor to distributors, third party sales agents, remarket or sell through retail storefronts or auction-type Web sites. This Agreement is not exclusive. Dynamic Team Sports may market Products to any third party directly or indirectly without any obligation or liability to you. This Agreement does not guarantee that you will make any sales of the Products. You determine or set your resale Product pricing. Dynamic Team Sports reserves the right to restrict or prohibit your participation in certain promotions, add, modify, or discontinue pricing, Products and/or parts. Dynamic Team Sports may require you to meet additional obligations not outlined herein, which will be disclosed to you prior to your purchase of Products. You will provide Dynamic Team Sports such information and reports as may reasonably be requested by Dynamic Team Sports.
3. Trademarks; Copyrights.   You may use the "Dynamic Team Sports" name and Dynamic Team Sports's product names solely for the purpose of accurately identifying the Dynamic Team Sports-branded Products you market and/or sell under this Agreement. You agree to change or correct, at your own expense, any material or activity that Dynamic Team Sports decides is inaccurate, objectionable or misleading or a misuse of Dynamic Team Sports's name, trademarks, service marks, or Dynamic Team Sports's logos or copyrighted works. You may not use the Dynamic Team Sports name and Dynamic Team Sports's product names for any other purpose. You may not use other Dynamic Team Sports trademarks or service marks, or Dynamic Team Sports's logos or copyrighted works, at any time. . You may not register or use any domain name or business name containing or confusingly similar to any name or mark of Dynamic Team Sports's. You will clearly and prominently identify yourself in all offers and advertising, marketing and promotional materials relating to this Agreement.
4. Quotes; Orders; Payment Terms; Interest.   Payment terms are within Dynamic Team Sports's sole discretion. Dynamic Team Sports may invoice and/or ship parts of an order separately. Dynamic Team Sports reserves the right to cancel orders. You agree to pay interest on all past-due sums at the highest rate allowed by law. You hereby grant Dynamic Team Sports, and Dynamic Team Sports hereby retains, a purchase money security interest and lien on any and all of your rights, title and interest in Products, wherever located, and all replacements or proceeds of the Products, until the invoice for the applicable Products is paid in full, including any late charges and costs of collection. You consent to Dynamic Team Sports's use of this Agreement, as well as Product invoices, as financing statements for protecting this security interest and appoint Dynamic Team Sports as your agent for service of process. Unless you and Dynamic Team Sports have agreed to a different discount, Dynamic Team Sports's standard pricing policy for Dynamic Team Sports-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system.
5. Shipping Charges; Taxes.   Shipping dates provided by Dynamic Team Sports are estimates only. Shipping and handling are additional and will be shown on the invoice(s) or other documentation. Loss or damage that occurs during shipping by a carrier selected by Dynamic Team Sports is Dynamic Team Sports's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Unless you provide Dynamic Team Sports with a valid and correct tax exemption certificate applicable to the Product ship-to location at the time of purchase, you will be responsible for sales and all other taxes associated with the order, however designated, except for Dynamic Team Sports's franchise taxes and taxes on Dynamic Team Sports's net income.
6. Title; Risk of Loss; Insurance.   Title to products passes from Dynamic Team Sports to you on shipment from Dynamic Team Sports's facility or third party manufacturers facility. You will maintain comprehensive general liability, including products liability, insurance in an amount appropriate for your business, but in no event less than $1,000,000.00 (US) with an insurance company having a Best rating of A. Upon Dynamic Team Sports's request, you will provide to Dynamic Team Sports a certificate of such insurance (including any new or amended certificates of insurance) and/or name Dynamic Team Sports as an additional insured.
7. Warranties.   DYNAMIC TEAM SPORTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN DYNAMIC TEAM SPORTS'S APPLICABLE LIMITED WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT OR THE DOCUMENTATION PROVIDED WITH THE PRODUCT(S). DYNAMIC TEAM SPORTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES BY DYNAMIC TEAM SPORTS FOR NON-DYNAMIC TEAM SPORTS BRANDED PRODUCTS, SERVICE OR SOFTWARE PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED BY DYNAMIC TEAM SPORTS "AS IS". NO REVISION IN LIMITED WARRANTIES WILL AFFECT PRODUCTS ALREADY ORDERED BY YOU.
8. Additional Remedies & Responsibilities. DYNAMIC TEAM SPORTS RESERVES THE RIGHT TO DISCONTINUE OR OTHERWISE VOID ANY WARRANTY, SERVICE OR SUPPORT IT OFFERS IN WHOLE OR IN PART IF YOU BREACH ANY OF YOUR OBLIGATIONS UNDER THIS AGREEMENT OR IF YOU FAIL TO PAY AMOUNTS DUE FOR PRODUCTS YOU PURCHASE FROM DYNAMIC TEAM SPORTS. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS OR OMISSIONS YOU MAKE TO YOUR CUSTOMERS INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR OMISSION YOU MAKE ABOUT PRODUCT WARRANTIES, FEATURES, PERFORMANCE, SUPPORT AND SERVICE. YOU WILL INFORM YOUR CUSTOMERS OF DYNAMIC TEAM SPORTS'S RIGHTS AND YOUR OBLIGATIONS UNDER THIS AGREEMENT.
9. Limitation of Liability.   DYNAMIC TEAM SPORTS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES AND SUPPORT. DYNAMIC TEAM SPORTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ON OUR WEB SITE TO THE CONTRARY, DYNAMIC TEAM SPORTS IS NOT RESPONSIBLE FOR INFORMATION YOU PROVIDE TO US UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT OTHERWISE. YOU AGREE THAT FOR ANY LIABILITY ARISING FROM OR RELATED TO THE PURCHASE OF ANY PRODUCTS, DYNAMIC TEAM SPORTS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT INVOICED BY DYNAMIC TEAM SPORTS FOR THE RESPECTIVE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
10. Service and Support.   Service offerings may vary from product to product. If you purchase optional services and support, Dynamic Team Sports or a third party service provider will provide the optional service and support to you or your customer in the United States in accordance with the terms and conditions in effect at the time of your purchase. Dynamic Team Sports may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them without prior notice to you or your customer. DYNAMIC TEAM SPORTS HAS NO OBLIGATION TO PROVIDE WARRANTY OR SUPPORT SERVICES TO YOU OR YOUR CUSTOMERS UNTIL DYNAMIC TEAM SPORTS HAS RECEIVED FULL PAYMENT FOR THE PRODUCT THAT YOU PURCHASE.
11. YOUR INDEMNITY TO DYNAMIC TEAM SPORTS.   You will indemnify, defend and hold Dynamic Team Sports, including Dynamic Team Sports's partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, harmless from any claim, demand, cause of action, debt or liability (including reasonable attorneys fees, expenses and court costs) arising from: (a) your modification(s) of and/or addition(s) to Product(s); (b) your breach of this Agreement, (c) your omissions, misrepresentations, or negligence, and (d) the Products sold by you damage a third party to the extent such claim is based on (i) your modification of and/or addition to the Products, misuse or abuse of the Products, negligence or breach of any provision in this Agreement; (ii) your failure to abide by all applicable laws, rules, regulations and orders that affect the Products; (iii) your omission, misrepresentation, or negligence, or (iv) you or your end-users cause intentional harm to any person or property.
12. Dispute Resolution.   The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Dynamic Team Sports, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Dynamic Team Sports") arising out of or relating to this Agreement, Dynamic Team Sports's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. Dynamic Team Sports will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Austin, Texas and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the Eastern District of Pennsylvania would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
13. Independent Contractors.   No provision of this Agreement will or shall be deemed to create a partnership, joint venture or other combination between Dynamic Team Sports and you. You and Dynamic Team Sports are independent contractors. Neither party will make any warranties or representations or assume any obligations on the other party's behalf. Neither party is nor will claim to be a legal representative, partner, franchisee, agent or employee of the other party. Each party is responsible for the amounts it incurs arising from this Agreement and for the direction and compensation, and is liable for the actions of, its employees and subcontractors.
14. Export.   You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, are subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. You acknowledge that it is your sole responsibility to comply with and abide by those laws and regulations.
15. Headings.   The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in full force and will not be terminated. Neither party will be liable for any delays resulting from circumstances or causes beyond the party's reasonable control.

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