Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Legal Compliance:
By placing an order, the buyer agrees that the products ordered will be used in a lawful manner, and that he or she is of legal age. The buyer further agrees to indemnify and hold harmless AltamarSports.com, its owners, employees, agents and affiliates or any and all legal actions arising from purchase, use, or ownership of the products. By purchasing, the buyer indicates that he or she has read and understood the above liability waiver and that he or she agrees to be bound by its terms.
Copyright:
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of AltamarSports.com. The collective work includes works that are licensed to AltamarSports.com. Copyright 2012, AltamarSports.com ALL RIGHTS RESERVED. Permission is granting to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with AltamarSports.com or purchasing AltamarSports.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own noncommercial use, or to place an order with AltamarSports.com or to purchase AltamarSports.com products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless authorized by AltamarSports.com. You further agree not to charge or delete any proprietary notices from materials downloaded from the site.
In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction or redistribution of the elements that make up the AltamarSports.com website, content, concept, pages and flow in whole or in part, is strictly prohibited for commercial purposes.
Trademarks:
All trademarks, service marks, and trade names of AltamarSports.com used in the site are trademarks or registered trademarks of AltamarSports.com. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. AltamarSports.com does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.
Electronics/Battery Disclaimer:
All batteries purchased on this website are certified rechargeable batteries. AltamarSports.com is not responsible for incompatible battery sizing.
Warranty Disclaimer:
Please see the warranty policy page for full details and terms/conditions associated with product warranty. To the fullest extend permissible pursuant to applicable law, AltamarSports.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. AltamarSports.com 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 server that makes the site available are free of viruses or other harmful components. AltamarSports.com does not make any warranties or representations regarding the use of materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability:
AltamarSports.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance or the products, even if AltamarSports.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Chargeback Disclaimer:
AltamarSports.com is committed to providing excellent customer service, and we encourage customers to contact our customer service department prior to filing a credit card chargeback when there is a conflict or issue. A chargeback is defined as a dispute to a charge or request to have a charge reversed. We encourage our customers to contact our customer service department prior to filing a chargeback because we are confident that we can resolve the issue in a satisfactory manner. Please be aware that chargebacks are not meant to be used as a substitute for directly contacting AltamarSports.com to resolve any questions or issues you might have. Unwarranted chargebacks result in substantial expenses for our company, and for every frivolous chargeback initiated by a customer, the customer will be charged a $25.00 processing fee. This processing fee will be deducted from the final credit the customer will receive, if and when a credit is due. A frivolous chargeback is defined as a chargeback in which a customer's credit card company or bank rules the outcome of the chargeback case in our favor.
Typographical Errors:
In the event that an AltamarSports.com product is mistakenly listed at an incorrect price, AltamarSports.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. AltamarSports.com reserves 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, AltamarSports.com shall issue a credit to your credit card in the amount of the incorrect price.
Terms Termination:
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by AltamarSports.com 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.
Notice:
AltamarSports.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to AltamarSports.com
Miscellaneous:
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A. without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of AltamarSports.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of AltamarSports.com products) must be commenced within (1) year after the claim or cause of action arises. AltamarSports.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AltamarSports.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an AltamarSports.com 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 public through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive illegal, or otherwise objectionable with may constitute or encourage a criminal offense, violate the rights of any party of 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 other so join or become members of any other commercial online service or other organization.
Participation Disclaimer:
AltamarSports.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, AltamarSports.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, AltamarSports.com reserves the right to block or remove communications that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to AltamarSports.com in its sole discretion.
Indemnification:
You agree to indemnify, defend, and hold harmless AltamarSports.com, its officers, directors, employees, agents, agents, licensors and supplies (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' 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, AltamarSports.com may link to sites operated by third parties. However, even if the third party is affiliated with AltamarSports.com, AltamarSports.com has no control over these linked sites, all of which have separate privacy and date collection practices, independent of AltamarSports.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, AltamarSports.com seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its on site, but for sites it links to as well (including if a specific link does not work).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE ALTAMARSPORTS.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALTAMARSPORTS.COM SERVICES ARE PROVIDED BY ALTAMARSPORTS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALTAMARSPORTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALTAMARSPORTS.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALTAMARSPORTS.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ALTAMARSPORTS.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ALTAMARSPORTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTAMARSPORTS.COM DOES NOT WARRANT THAT THE ALTAMARSPORTS.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALTAMARSPORTS.COM SERVICES, ALTAMARSPORTS.COM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ALTAMARSPORTS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ALTAMARSPORTS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ALTAMARSPORTS.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ALTAMARSPORTS.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Site Policies, Modification, and Severability:
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of AlatamarSports.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Reviews, Comments, Communications, and Other Content:
You may post reviews, comments, and other content; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AltamarSports.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Altamarsports.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Altamarsports.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AltamarSports.com for all claims resulting from content you supply. AltamarSports.com has the right but not the obligation to monitor and edit or remove any activity or content. AltamarSports.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints:
AltamarSports.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please inform us at: legal@altamarsports.com.
Risk of Loss:
All purchases of physical items from AltamarSports.com 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.
Product Descriptions
AltamarSports.com attempts to be as accurate as possible. However, AltamarSports.com does not warrant that product descriptions or other content of any AltamarSports.com Service is accurate, complete, reliable, current, or error-free. If a product offered by AltamarSports.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing and Charges:
"MSRP" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. "MAP" means minimum price a manufacturer, supplier requires not to advertise below. We regularly check List Prices against prices recently found on AltamarSports.com.
With respect to items sold by AltamarSports.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by AltamarSports.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.