Privacy Policy

SPORTS STREET MARKETING, A CALIFORNIA LIMITED PARTNERSHIP

Privacy Policy

At SPORTS STREET MARKETING, A CALIFORNIA LIMITED PARTNERSHIP ("SPORTS STREET"), we are committed to protecting your privacy. We may use the information we collect about you to process orders and to provide you a more personalized shopping experience through our website, www.GUsports.com. Please read on for more details about our privacy policy and the terms of use concerning this website.

1. What information do we collect? How do we use it?
When you visit our website, we gather electronic information about how you use the website, but this information is anonymous and we do not know who you are. If you place an order, however, we need to know your name, e-mail address, mailing address, credit card number, telephone number and expiration date to allow us to process and fulfill your order and to notify you of your order status. When you decide to provide us this information, you are no longer anonymous to us. Unless you permit us to do so or as required by law, SPORTS STREET will not disclose your personal information to any third parties except as needed to process and fulfill your order and to communicate with you about it. We may also provide information to companies assisting in fraud protection or investigation.

2. How does SPORTS STREET protect customer information?
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Plus, all of the customer data we collect is protected against unauthorized access.

3. What are "Cookies" and does SPORTS STREET use them?
"Cookies" are small pieces of information stored by your web browser on your computer's hard drive. Our Cookies do not contain any personally identifying information, but they enable us to provide you a faster shopping experience and allow us to recognize you if you return to our website later. Your web browser can warn you each time a Cookie is being sent to you, or you can turn off (disable) all Cookies. If you choose to disable Cookies, our shopping cart will still function, but it might be slower.

4. Will SPORTS STREET disclose the information it collects to outside parties?
SPORTS STREET does not sell, trade, or rent your personal information to others. SPORTS STREET may release account information when we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of SPORTS STREET, our users, or others or to comply with the law.

TERMS OF USE

1. Electronic Communications
When you visit www.GUsports.com or send e-mails to us, you are communicating with us electronically, and we will respond by email. You consent to receive communications from us electronically and 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.

2. Intellectual Property Rights
All content on this website, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks and tradenames, is the property of SPORTS STREET or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of SPORTS STREET and protected by U.S. and international copyright laws. All software used on this website is the property of SPORTS STREET or its software suppliers and is protected by United States and international copyright laws. SPORTS STREET and its affiliates respect the intellectual property of others; if you believe that your work has been copied in a way that constitutes copyright infringement, please contact SPORTS STREET and state in detail your concerns. "SPORTS STREET" and "GUsports" are trademarks of Sport Street Marketing, A California Limited Partnership. All Rights Reserved.

3. License and Website Access
SPORTS STREET hereby grants you a limited license to access and make personal use of this website, but that license does not include any right to download (other than to page-cache) or modify material from this website or any portion of it, except with the express written consent of the president of SPORTS STREET. This license does not grant you permission for any of the following: resale or commercial use of this website or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant or party; or any use of data mining, robots, or similar data gathering and extraction tools. Without the prior express written consent of the president of SPORTS STREET, you may not (a) reproduce, duplicate, copy, sell, resell, visit or otherwise exploit this website or any portion of it for any commercial purpose; (b) frame or utilize framing techniques to enclose any trademark, service mark, tradename, logo, or other proprietary information (including images, text, page layout, or form) of www.GUsports.com and/or our affiliates; (c) use any meta tags or any other "hidden text" utilizing the SPORTS STREET name; and (d) use any SPORTS STREET logo, trademark, service mark, tradename or other proprietary graphic as part of the link. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page SPORTS STREET as long as the link does not portray SPORTS STREET or its products or services in a false, misleading, derogatory, or otherwise offensive matter. All intellectual property in this website, including without limitation patents (issued or pending) and trade secrets, is the sole property of SPORTS STREET or its licensors. Any unauthorized use terminates the permission or license granted here by SPORTS STREET.

4. Your Account; Privacy
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use www.GUsports.com only with involvement of a parent or guardian. SPORTS STREET and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, and cancel orders in their sole discretion at any time, with or without notice. The terms and conditions concerning the handling of any information personally identifiable as yours in connection with this website are discussed above in the section entitled "Privacy Policy."

5. Product Orders
If you decide to place an order through this website, the order is subject to acceptance by SPORTS STREET in its sole discretion, meaning that SPORTS STREET can refuse to accept your order and can cancel your order before or after confirmation, with or without any reason or notice and without liability to you or anyone. If we cancel an order that has been charged to your credit card, we will issue a credit to your credit card account.

Terms of Sale; Risk of Loss
All items purchased from SPORTS STREET are made pursuant to a shipping contract. Returns will be accepted within 7 days of receipt. No returns will be accepted without prior authorization from SPORTS STREET. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions
SPORTS STREET and its affiliates attempt to be as accurate as possible. However, SPORTS STREET does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by SPORTS STREET itself is not as described, your sole remedy is to return it in unused condition.

Return Policy
SPORTS STREET guarantees satisfaction with every product we sell. If an item does not meet your expectation, please follow these procedures to insure a prompt replacement, refund, or credit:

1. Using a good carton, return package via insured US Mail or other Parcel Carrier of your choice. (SPORTS STREET will refund the actual ground shipping costs to return damaged merchandise or to return merchandise due to a mis-shipment).

2. State the reason for the return on the back of your packing slip. If you do not have your packing slip, please include a note stating purchaser's name, address and approximate date of purchase.

3. Send returns to: SPORTS STREET/GUsports Returns Dept., 1226 Ninth Street, Berkeley, CA 94710 (we do not accept CODs).

4. Keep a record of shipment until you have received credit or replacement merchandise.

6. Third Party Links
As a courtesy to you, SPORTS STREET may from time to time provide links from this website to websites operated by third parties. Because SPORTS STREET has no control over these other websites, however, SPORTS STREET cannot be responsible them or for their terms and conditions and privacy and data collection policies and actions. These linked websites are for your convenience only and you therefore access them at your own risk.

7. Indemnification
You agree to indemnify and defend and to hold SPORTS STREET, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all claims, losses, expenses, damages and costs, including without limitation reasonable attorneys fees and costs which arise from or relate in any way to your use of this website.

8. Warranty Disclaimer; Limitation of Liability
THIS WEBSITE IS PROVIDED BY SPORTS STREET ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPORTS STREET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SPORTS STREET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTS STREET DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SPORTS STREET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTS STREET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY AND CONSEQUENTIAL DAMAGES. THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Dispute Resolution
Any dispute or claim relating in any way to your visit to www.GUsports.com or to products you purchase through www.GUsports.com shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate SPORTS STREET intellectual property rights, SPORTS STREET may seek injunctive or other appropriate relief in any state or federal court in the state of California and, by your use of this website, you consent to exclusive personal jurisdiction and venue in such courts. Arbitration hereunder shall be conducted before a single arbitrator under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. The arbitrator shall allocate all costs and fees of the arbitration to the prevailing party, or if neither party wholly prevails, the arbitrator shall allocate the costs and fees in his/her sole discretion among the parties.

10. Miscellaneous
Your use of this website is governed by the laws of the State of California without regard to conflicts of laws provisions. SPORTS STREET's 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. These terms of use and our privacy policy govern your visit to www.GUsports.com, and neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We reserve the right in our sole discretion to make changes to our website, policies, and these terms of use at any time, and if there are any changes to these terms, you agree to those changes by your continued use of this website. We also reserve the right in our sole discretion to terminate or restrict the operation and/or your use of this website with or without notice or cause and without liability to you or any third party. The terms of use stated here concerning intellectual property, dispute resolution, limitation of liability, indemnification and these miscellaneous provisions shall survive any termination hereof. If any term of use of this website is found invalid, void or unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. SPORTS STREET may assign its rights and duties under this Agreement to any party at any time without notice to you.

This website is operated by Sports Street Marketing, A California Limited Partnership, 1204 10th Street, Berkeley, CA 94710, telephone 1-800-400-1995.

This website was last modified on May 22, 2007.