How Does the MVP Membership Offer Work?
Health Disclaimer - The statements made on this website, as well as any materials or supplements distributed or sold on SportsSmart.net, are not intended to be a substitute for doctors advice. If you are injured, have MRSA or any skin disease, are currently under a doctor's care, pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with your healthcare professional before using any of our products.
SportsSmarts MVP (MRSA and Virus Prevention) Program Details - The MVP program helps busy programs stay stocked with the latest technology in infection control at the lowest possible prices. With automatic shipments and easy returns, you never have to speak to a salesperson again! These operational savings are passed directly to you, the customer. Nothing is easier, faster, or more convenient!
A. MVP members receive discounts and free shipping/returns based on a continuum of automatic quarterly deliveries. You receive the LOWEST possible price with this method.Continuum deliveries default at quarterly (every three months) unless otherwise specified. Deliveries can be as frequent as once per month, or as infrequent as one per year. You must receive and pay for at least one delivery per year to qualify for MVP continuum discounts. Discounts, quantity and case pricing vary per item selected. See product on our website fordetails. By default, terms are net 30 on approved credit, but may be changed to prepay bycredit card or check on request. You must be a business, municipality, organization or school to qualify for MVP discounts and incentives.
B. To change delivery frequency, cancel an order, or initiate a return, simply call 844-9-SPORTSor email email@example.com.
Return Policy – Wrong size, color, don't worry! Simply change your mind...no sweat! We get it because it happens to us too. Nobody likes arguing with customer service, so we promise we wont sweat the small stuff. We appreciate your business, and hope by giving you all star treatment, you will remember SportsSmart the next time you need athletic supplies for your team. Returns are happily accepted, provided they are within the allocated manufacturers return window/expiration date. If the product has no time frame/expiration date listed, the standard time frame is 30 days. If you are not satisfied with a product that has been used, we also offer partial returns, and credits on a case by case basis. Simply put, we do not want you to pay for something you are not happy with. That is the SportsSmart advantage.
- Price Match Guarantee - We love smart shoppers! If you find a better deal from one of our national competitors, we will beat it by 10%!
All Star Customer Service - By email or by phone, we work hard to make sure your concerns are quickly addressed to your satisfaction. Our goal is to treat all customers as if they were our only customer. We appreciate your business, and we hope you enjoy shopping at SportsSmart!
This Terms of Service (“TOS”) is a legally binding agreement made by and between Sportssmart.net (“we” or “us”) and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”). This TOS governs your use of the SportsSmart.net website (“Website”) and the services we offer on the Website (“Services”), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
(a) Eligibility. Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with SportsSmart wherein you, the consumer, purchase one of the products found on the Website.
(b) Compliance. You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable laws, regulations, and rules when you use the Website.
(c) License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights, and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense from materials or content available on the Website, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the Website and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website, or any websites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Website, or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail, or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other “hidden text” utilizing the SportsSmart name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this TOS.
(e) Other Users. If you become aware of any conduct that violates this TOS, we encourage you to contact Customer Service. We reserve the right, but will have no obligation, to respond to such communications.
(a) License. By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
(b) Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content, nor from your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable (including, without limitation, because it violates this TOS).
3. Accuracy of Information.
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website at any time; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website at any time.
If you purchase any products available on the Website (“Products”), you will be responsible for paying any applicable sales tax indicated on the Website.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization, such as a telephone confirmation of your order and other information, from you. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, the credit card company, and any relevant financial institutions for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
(a) Copyright. All materials on the Website, including, without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers, licensors, or other companies. You may not use such materials without express written permission.
(b) Trademarks. SportsSmart is a trade name we own. We own the related design marks, and other trademarks on the Website. Page headers, custom graphics, button icons, and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
SportsSmart.net may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products, or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website, or any such dealings or promotions. Notwithstanding anything in this TOS to the contrary, this section does not apply in the state of New Jersey.
You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without express written permission.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit, or offer to us in connection with your use of the Website will become our exclusive property. Such disclosure, submission, or offer of any comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the comments, and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title, and interest, and shall not be limited in any way in the use, commercial or otherwise, of any comments. You should not submit any comments to us if you do not wish to assign such rights to us. We are and will be under no obligation to: (i) maintain any comments in confidence; (ii) pay to you or any third party any compensation for any comments; or (iii) respond to any comments. You are and shall remain solely responsible for the content of any comments you make.
Terms of service continued
You agree to defend, indemnify, and hold the Website and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders, or other partners, employees, and advertising partners harmless from any liabilities, losses, actions, damages, claims, or demands, including reasonable attorneys’ fees, costs, and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another, or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any claim without our consent. NOTWITHSTANDING ANYTHING IN THIS TOS TO THE CONTRARY, THIS SECTION DOES NOT APPLY IN NEW JERSEY.