Terms and Conditions

MVP PRO SHOP WEBSITE TERMS AND CONDITIONS

 

       Applicability.   CAREFULLY READ THESE TERMS AND CONDITIONS.  The provisions of these Terms and Conditions apply to all users of this website.  All users agree that access to and use of this website is subject to the following terms and conditions and other applicable law.  If a user does not wish to be governed by these Terms and Conditions, they may only do so by ceasing their access to and/or use of this website.

       Applicability; Alteration or Termination; Severability; Notice.  These terms and conditions are applicable to users upon accessing the website, including during the ordering and completion process.  MVP Pro Shop, LLC may, at its own discretion, alter or terminate the contents of these Terms and Conditions at will. Each clause or provision in these Terms and Conditions is severable from the rest of the Terms and Conditions, and a court finding any part of these Terms and Conditions unenforceable shall not render the document unenforceable as a whole.  MVP Pro Shop, LLC, may provide users notice of changes, should they choose to do so, using the email address or other contact method registered with the website.

       Intellectual Property.  The content included on this website, both individually and taken as a whole, and including – but not limited to – images, graphics, text, code, or applications, is copyrighted as a collective work under the laws of the United States and any other applicable copyright laws.  All such intellectual property rights are held by or licensed to MVP Pro Shop, LLC. Users are permitted to display, download or print portions of the material from the website, subject to any expressly-stated restrictions to the contrary, solely for the user to (1) place an order with MVP Pro Shop, LLC; (2) purchase products from MVP Pro Shop, LLC; or (3) for non-commercial, non-defamatory personal use that does not alter any proprietary notices or other proprietary communications.  Any other use, without specific written authorization from MVP Pro Shop, LLC, is prohibited.  All trademarks, service marks, and trade names used on the website are held by MVP Pro Shop, LLC, or used with express permission from the trademark holder.

       Actions Prohibited.  MVP Pro Shop, LLC is not responsible for the content of user-created content on the website, and merely passively provides a forum for such content without accruing any obligation or liability for such content.  Harassment, use of profane or obscene language, use of language that is discriminatory on the basis of race, ethnic or national origin, sex, gender, or gender identity, sexual orientation, or religious belief or practice, impersonation of others, or any content that is defamatory, threatening, abusive, or otherwise illegal or objectionable is prohibited.  Users may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. MVP Pro Shop, LLC reserves the right to block or remove any user-created content that violates the above or which otherwise is unacceptable in the opinion of and sole discretion of MVP Pro Shop, LLC.

       Typographical Errors; Offer and Acceptance.  In the event that a product on this website is mistakenly listed at an incorrect price, MVP Pro Shop, LLC, reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and a credit card charged.   Users understand that their orders are offers to buy. If a credit card has already been charged for the purchase and the associated order is canceled, MVP Pro Shop, LLC shall issue a credit to that credit card account in the amount of the incorrect price.

       Warranty; Disclaimer.  This website and all materials and products provided or sold on this website are done so “as is” and without express or implied warranties of any kind.  MVP Pro Shop, LLC, in accordance with and to the full extent permitted by applicable law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  MVP Pro Shop, LLC, does not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components.  MVP Pro Shop, LLC does not make any warranties or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

       Limitation of Liability.  MVP Pro Shop, LLC, is not liable for any damages that result from the use or the inability to use the materials on this website or the performance of the products, or from the content of any comment or review posted to this website.

       Choice of Law; Venue; Time Limitation.  Notwithstanding any provision of law to the contrary, all disputes arising from the use of this website shall be governed by the laws of the state of Michigan, and venue shall lie in the Sanilac County courts for state law disputes and in the Eastern District of Michigan for federal law disputes.  Any cause of action or claim arising from the use of this website must be commenced within one (1) year after the claim or cause of action arises. Should MVP Pro Shop, LLC, fail to 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.  MVP Pro Shop, LLC, may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

       Sales Tax; Duties and Customs.   MVP Pro Shop, LLC, will charge appropriate state and local sales tax on orders shipped if required to do so under applicable state and/or local tax laws.  MVP Pro Shop, LLC, is not responsible for any taxes, fees, or charges necessitated by any international customs or duties procedures or any international trade conventions, treaties, or agreements.

       Indemnification.  In exchange for the ability to access and use this website, users agree to indemnify, defend, and hold harmless MVP Pro Shop, LLC, as well as its officers, directors, employees, agents, licensors and suppliers 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 that user’s account (including negligent or wrongful conduct) regardless of who was using that account at the time.

       Third-Party Links.  This website may link to other websites operated by affiliates or third parties. MVP Pro Shop, LLC, has no control over these linked websites, all of which have separate privacy and data collection practices.  Users access these websites at their own risk.