1. Acceptance of Terms

This Terms of Use Agreement governs your use of the website located at www.noblesoccer.in (the “Site”). By accessing, browsing or using the Site or any pages of the Site, you are indicating that you have read and acknowledge and agree to be bound by this Terms of Use Agreement and all of the terms incorporated herein by reference (collectively, these “Terms”).

Note that Section 25 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.  If you are under 18 years of age, you may not make purchases through the Site and may use the Site only with the involvement of a parent or guardian.

If you do not agree to every provision of these Terms, you may not access, browse, or use the Site, or order, receive, or use products made available through the Site (the “Products”) or any services made available through the Site (collectively, the “Services”). 

By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.

These Terms may be revised at any time for any reason, and Sports Endeavors may provide you notice of these changes by any reasonable means, including by providing notice through the Site.  You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms.  By continuing to access, browse or use the Site, or order, receive or use the Products or Services, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference.  We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site, or order, receive, or use Products or Services made available through the Site.  

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2. Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional.  We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.  We will not, however, be able to notify you of changes in any applicable taxes.

While we attempt to avoid errors in pricing and product information, some information (including prices) may be inaccurately displayed on the Site due to system or typographical errors. We reserve the right to correct any and all errors in pricing or product information when they occur, and we do not honor inaccurate or erroneous prices. If a Product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the Product (at your own expense) or pay the difference between the actual and charged prices.

All of our Products and Services are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and Services without prior notice.

An order for an item that is temporarily out of stock is called a "backorder." If you order an item on backorder, we will ship the item to you via our regular ground shipping as soon as it becomes available. You are never charged for a back-ordered item until it is shipped, and you may cancel an item on backorder at any time up to the point of shipment. You do not pay additional shipping for backorders. If you have requested shipment to an international destination, we can only ship one package per international order. If your order consists of several items, one or more of which are on backorder, we cannot ship the in-stock items until the backordered items become available. If you want to receive your in-stock items right away, you must remove the backordered items from your order and re-order the backordered items when they are in-stock.

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3. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Sports Endeavors, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives (collectively, the “Sports Endeavors Parties”) from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, Services, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or the Services.  You further agree that Sports Endeavors shall have control of the defense or settlement of any third party claims.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sports Endeavors.

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4. Taxes

Sales tax is applied in accordance with individual state regulations. Appropriate sales tax charges will appear on the order page during checkout.

All items entering a foreign country are subject to customs inspection and assessment of duties and taxes in accordance with each country’s applicable laws. We reserve the right in our sole discretion to require you to pay for all duties and taxes incurred on any Products or Services you purchase, new or exchanged. Sports Endeavors cannot determine these fees during the checkout process. For more information, please contact your local customs office.

In the event that you refuse delivery of the shipment, you are solely responsible for payment of all return shipping charges, duties and taxes; in this case, return shipping charges, duties, and taxes will be billed to you in accordance with the method of payment you selected in the checkout process.

 

5. Shipping

Separate charges for shipping will be shown on the order page during checkout. Please note that we do not ship to hotels or Post Office boxes. We may require a signature upon delivery of any shipment.

You agree to pay any shipping charges shown at the time you make a purchase. Shipping is handled by a third party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier. Further information on our shipping policies is located at www.noblesoccer.in/contents/shipping.

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6. Product Images

We have attempted to accurately depict the Products offered on this Site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products may also appear larger or smaller than their actual size depending on your monitor. Some photographs of products may have been enlarged to show detail.

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7. Deliveries

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.  

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8. No Resale

You are not permitted to resell or otherwise use the Products or Services for commercial purposes.

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9. User Content

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site.  In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site.  IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND SPORTS ENDEAVORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR. 

 

You agree that you will not, and will not permit anyone else to, directly or indirectly:

• Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;

• Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;

• Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

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10. Disclaimers

THE SITE, THE CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER SPORTS ENDEAVORS NOR THE SPORTS ENDEAVORS PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) USER CONTENT; (D) ANY PRODUCT OR SERVICE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE.  IN ADDITION, THE SPORTS ENDEAVORS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE SPORTS ENDEAVORS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SPORTS ENDEAVORS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL.  YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SPORTS ENDEAVORS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SPORTS ENDEAVORS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES.

THE SPORTS ENDEAVORS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.