Terms and Conditions

1. Introduction

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. They govern your use of the Site. If you do not agree to the terms stated below, you may not use the Site. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Maxxim Sports may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates posted to the Site constitutes your agreement to comply with the posted Terms.

2. Trademarks

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Maxxim Sports, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Maxxim Sports or such other third party that may own the displayed Trademarks.

3. Site Contents and Copyright

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Site are solely for your purchase of Maxxim Sports products for personal use, information, education and communication with Maxxim Sports. You may download copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All rights not expressly granted to you by these Terms are reserved.

4. User Comments and Other Submissions

While Maxxim Sports desires to receive feedback and testimonials from its customers (“Submission(s)”), please do not send Maxxim Sports any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like. Maxxim Sports is under no obligation to use or compensate you for your Submissions. Maxxim Sports will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information. With regard to Submissions which are feedback or testimonials or examples of use of Maxxim Sports products, You may directly upload Submissions or post Submissions to your social media accounts.

5. License to Use Submissions

By uploading Submissions or posting Submissions that you have tagged with Maxxim Sports Trademark or product name hashtags to social media platforms, you grant to Maxxim Sports, its third-party service providers who provide content management services and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Maxxim Sports-tagged Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Submission.

You hereby represent and warrant that (i) you own all rights in and to your Submissions, (ii) if the Submissions are subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the Submissions you submit and to grant the rights granted herein, including permission from all person(s) appearing in your Submissions; (iii) you are not a minor, (iv) you are legally entitled to post the Submissions, and the Licensed Parties’ use of your Submissions as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the Submissions are not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Submissions. The Submissions that you submit are deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using the Services, you are consenting to Maxxim Sports’s collection of any personal information you provide through Maxxim Sports service providers, on behalf of the Licensed Parties for the Licensed Parties’ use and disclosure in connection with the use of your Submissions as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not submit or post Submissions or otherwise provide Maxxim Sports with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Maxxim Sports’s and its providers’ behalf. By making Submissions here or posting Submissions or otherwise providing personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations. You are solely responsible for any Submissions that you submit or post. You are legally liable for the Submissions that you submit or post including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments. The Licensed Parties reserve the right to remove any Submissions from the Site at any time, for any reason. If you believe a Submissions residing on the Site infringes a copyright, please refer to our Copyright Policy below.

6. No Endorsement or Liability for User-Generated or Third-Party Content

Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute Maxxim Sports’s endorsement of those Submissions. Maxxim Sports is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.

7. Third-Party Links

Third-party links on this Site may direct you to third-party websites that are not affiliated with Maxxim Sports that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. Maxxim Sports is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

8. Copyrights and Digital Millennium Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below. Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent can be reached at 602.730.7252, Sales@maxximsports.com, or via U.S. Mail at: Maxxim Sports, PO Box 21741, Mesa Arizona 85277.

9. DMCA Infringement Notification

To be effective, your infringement notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
• The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
• The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the complete written notification containing the information as outlined above, Maxxim Sports will remove or disable access to the content that is alleged to be infringing, forward the written notification to the alleged infringer, and take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification: Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Maxxim Sports, the alleged infringer will have the opportunity to respond to Maxxim Sports with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Maxxim Sports’s designated copyright agent within thirty (30) days of the removal of the material from the website, and must include the physical signature of the subscriber, location updates, explicit bad faith/mistake statements under perjury penalties, and regional federal district court system consent text.

10. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

11. Registration, Accounts and Passwords

You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Maxxim Sports.

12. Site Updates

Maxxim Sports undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Maxxim Sports reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).

13. Product and Pricing Information

This Site, Content, product information, and any products sold through the Site into permitted jurisdictions are intended to comply with U.S. federal laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Maxxim Sports reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions, product designs and product pricing are subject to change at any time without notice at the sole discretion of Maxxim Sports. Maxxim Sports has no obligation to incorporate design changes in products previously purchased. Maxxim Sports reserves the right to discontinue any product at any time. For your protection, we reserve the right to cancel any order at any time. Any offer for any product or service made on this Site is void where prohibited. After placing an order you will receive a copy of your order via email. Please verify that your order is correct and call or email Sales@maxximsports.com as soon as possible if something is incorrect. The price of an item is final at the time of sale.

14. Payments

Personal checks cannot be accepted. Please use money orders, certified or cashier checks, PayPal, or credit/debit cards for payment. If you use your debit card (or any card linked to your checking account), the amount of your purchase may be charged to your account at the time of sale, or at the time of order fulfillment. The funds reserved for your order may be held by the bank, even though the transaction has not been finalized. The length of the hold is determined by your bank. Since debit cards are linked to cash accounts, changes or adjustments to your order can result in multiple pending transactions on your account. Maxxim Sports is not responsible for loss or inconvenience due to held funds.

15. Sales Tax

By law, sales tax is collected from Arizona residents and remitted to those states. For residents not located in the states listed, it is the responsibility of the purchaser to determine if they are responsible to pay taxes on the purchases based on the laws of their local government. Any tax exempt purchases need to be made through customer service at 602.730.7252. No sales tax refunds will be given for online orders.

16. Returns

All returns require a return authorization number (“RA Number”) which must be present on the outside of the return package. Please submit for your RA Number and returns shipping label via email to Sales@maxximsports.com. Return shipments must be delivered back to Maxxim Sports within 30 days from the shipping date. Returns received after this time will not be honored. Please return items in the same manner they were shipped to you. All items must be returned in new condition, in the original packaging and must be shipped back in a shipping package. If items returned are not within these conditions, the return will be refused. Maxxim Sports does not accept returns on custom made garments and/or custom decorated garments. All returns are subject to manufacturer return guidelines and a restocking fee. Fees vary from manufacturer to manufacturer; Maxxim Sports customer service team will let you know the fees associated with your return. The customer is responsible for all return shipping charges. Returns are processed within 7-10 business days after being received by Maxxim Sports.

17. Risk of Loss

All purchases of physical items from Maxxim Sports 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.

18. Resale of Product

Maxxim Sports may sell products to wholesale customers, however, you shall not use the www.maxximsports.com to purchase products for re-sale or export. Maxxim Sports reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.

19. Limitations on Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT MAXXIM SPORTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MAXXIM SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAXXIM SPORTS’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MAXXIM SPORTS’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

20. Disclaimer

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS” AND “WITH ALL FAULTS.” MAXXIM SPORTS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND MAXXIM SPORTS MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO MAXXIM SPORTS EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, MAXXIM SPORTS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. MAXXIM SPORTS RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND MAXXIM SPORTS WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

21. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD MAXXIM SPORTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY CLAIMS RELATED TO ORDER REQUESTS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.

22. Termination

The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of these Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 17, 20 and 23. Maxxim Sports may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Maxxim Sports's sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Maxxim Sports, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.

23. Notice

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. Please verify that your account email address is current and valid. We will use this address to send your order confirmation and shipping information. If you need to change your email address, please call customer support at 602.730.7252. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

24. Privacy Statement

Maxxim Sports is committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by Maxxim Sports in connection with your use of this Site, please consult our Privacy Policy.

25. Mockup Approval

After submitting your order, you will receive an email mockup for the customized items on your order from one of our graphic designers within the established timeframe for providing mockups. Email is the preferred line of communication for revisions and is required for the final mockup approval. Without an email approval of the mockup, no production will be completed. By submitting your final mockup approval to our design team, “You agree to the following terms”. I verify that all lettering and/or word spellings, graphics, colors and content included in the approved mockup are correct. Maxxim Sports is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Grammar, Punctuation and Final Appearance of Colors.

NOTE: Mockups are not to scale and are used for demonstration purposes only, as all sizing and placement is per our standards. The colors displayed on your screen and shown on your mockup are not guaranteed to be a true match to the colors that will be on the finished product. Please contact Customer Care, not the Design Department regarding your order status.

26. No other Agreements & Sizing Controls

By agreeing to the Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given Maxxim Sports your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms constitute the entire agreement between you and Maxxim Sports related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.

27. Product Pricing: Maxxim Sports is committed to offering affordable price points on all the products we offer. We make every effort to maintain the pricing on our site and keep it up to date and current. Due to the nature of raw materials issues many factories and suppliers can and do change pricing which affects our site and the prices we have listed. If a pricing error does affect a product that has been ordered online, we will contact you directly via email to make you aware of the situation, let you know what the correct cost will be, and confirm that you want to proceed with your purchase.