Terms of Service

YORK ATHLETICS MANUFACTURING

TERMS OF SERVICE

Welcome to the yorkathleticsmfg.com website (the “Site”), which is owned and operated by York Athletics Manufacturing, Inc. (“we”, “us”, or “York”). These Terms of Service (these “Terms”) set forth the mutual agreement between York and you as to your rights and responsibilities when you access or use the Site.

1. Acceptance; Scope

Please read these Terms carefully before using the Site. By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to any of these Terms, or any of the terms and conditions in the Privacy Policy, you should not access or use the Site in any way and should immediately exit the Site. You must be at least 13 years old to use the Site. If you are under 13 years of age, you are not authorized by us to use the Site.

York may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms.

The Site may contain links to third-party websites not owned by York. York has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Site, you expressly release York from any and all liability arising from your use of any third-party website.

2. YOUR ACCOUNT

In order to access certain features of the Site, including your purchase history, you will have to create an account by providing your email address and creating a password.  You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify York immediately and change your password.

3. LIMITED LICENSE; USE OF CONTENT

York grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of York’s services made available through the Site (collectively, the “Services”), as well as the contents of the Site (the “Content”), including text, graphics, images, videos, and material contained in or obtained on the Site, subject to these Terms. This license is personal to you and may not be assigned or sublicensed to anyone else. You may only use the Services and Content for personal, non-commercial use as intended and permitted under these Terms and may not use the Services or Content for any other purpose. For avoidance of doubt, this license does not include any rights regarding resale or commercial or derivative use of the Services or the Content. You agree not to reproduce, retransmit, distribute, disseminate, sell, license, publish, broadcast or circulate the Services or the Content to anyone without York’s express prior written consent.

All Content posted on the Site is protected by applicable copyright and trademark laws. York authorizes you to view or download a single copy of the Content on the Site solely for your personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Content (for example: "©2020 YORK Athletics Mfg.").

York, and its licensors, vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by York and appearing on the Site. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or terminate without notice in the sole discretion of York. All rights not expressly granted herein are reserved to York.

If you violate any of these Terms, your license to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

4. CODE OF CONDUCT 

In accessing or using the Site, you agree that you will not:

1. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
2. Violate any applicable laws or regulations;
3. Circumvent, disable or otherwise interfere with security features of the Site;
4. Defame, harass, stalk, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
5. Spam, hack into or deface the Site, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
6. Harm or exploit minors; or
7. Use the Site for any commercial, advertising or solicitation uses or to collect any personally identifiable information about others.

5. TERMINATION; ACCOUNT DELETION

York may terminate, suspend or disable your access and use of the Site (or any part thereof) or delete your account if York determines, in its sole discretion, that you have violated any provision of these Terms. If York deletes your account for any of the reasons set forth herein, you may not re-register to use the Site. York may block your email address and Internet protocol address to prevent further use or account registration. If you believe that York has suspended or terminated your account in error, you may contact us at info@yorkathleticsmfg.com at any time. Upon termination, all licenses granted by York will terminate automatically and immediately. 

6. DISCLAIMERS

You use the Site and the Content voluntarily and at your own risk. The Site and the Content are provided on an "AS IS" and on an “as available” basis. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of York and its suppliers. Accordingly, York assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

To the full extent permissible by applicable law, York expressly disclaims any and all warranties of any kind, whether express or implied, STATUTORY OR OTHERWISE, in connection with the SITE, THE CONTENT, AND YOUR USE OF THE SITE, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of t hird parties’ rights, and any other warranty that might arise under any law.

Without limiting the foregoing, York expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of the Content; (b) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site; (c) unauthorized access to or use of Site; (d) interruption or cessation of transmission to or from the Site; or (e) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site.

7. LIMITATION OF LIABILITY

To the fullest extent permitted by law, York will not be liable to you for any damages (including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from (a) the use of or inability to use the Site or the Content; (b) errors, omissions, or inaccuracies of the Content; (c) tangible or intangible property damage or loss of any nature whatsoever resulting from your access to and use of the Site; (d) any unauthorized access to or use of our servers or any and all personal information stored on such servers; (e) any interruption or cessation of transmission to or from the Site; (f) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (g) any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available through the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not York has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall York be liable for damages incurred by you exceeding U.S. $1,000 irrespective of fault or negligence. In consideration of your use of the Site you hereby waive and release York from any such claim for damages. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and you are limited to those remedies expressly provided for in these Terms.

8. GENERAL

Applicable Law; Venue. By using the Site, you agree that the laws of the State of Delaware will govern these Terms, without regard to principles of conflicts of law. Any dispute relating in any way to your use of the Site shall be adjudicated in any State or Federal Court in Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. 

Entire Agreement. These Terms, including the Privacy Policy, and any other legal notices or other policies published by us on the Site constitute the entire agreement between you and York with respect to the Site and Content.

Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

If you have any questions, please contact us via email at info@yorkathleticsmfg.com.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without York’s prior written consent. York may assign these Terms without restriction.

Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

 

Last Revised: November 20, 2020

 

YORK ATHLETICS MANUFACTURING

MOBILE TERMS OF SERVICE

The YORK Athletics MFG. mobile message service (the "Service") is operated by YORK Athletics MFG. (“YORK Athletics MFG.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to YORK Athletics MFG.’s SMS/text messaging service, in the checkout and initializing a purchase, you agree to receive recurring SMS/text messages from and on behalf of YORK Athletics MFG. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include messages to educate, engage, update, alert and provide information (e.g order updates, account alerts, etc.) and request for reviews from us.  Promotional messages may include promotions, specials and other marketing offer (e.g. cart reminders). Message frequency varies.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with YORK Athletics MFG.. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to the number you received the messages from or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other YORK Athletics MFG. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18448030131 or email info@yorkathleticsmfg.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number that is yours. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. 

 

Last Revised: August 13, 2024