Effective Date: March 8, 2022

This website, www.kanjam.com, (the “Site”) is operated by Eastpoint Sports LTD., LLC. Throughout the Site, the terms “we”, “us”, “our”, and “Eastpoint” refer to Eastpoint Sports LTD., LLC.  These Terms of Service, together with our Privacy Policy and Return Policy, (collectively “Terms”) apply to your use of the Site and your purchase of any products or merchandise on the Site (“Services”). Certain services accessible through the Site may have their own terms and conditions that apply to your use of that particular service. 

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 – ACCESSING THE SITE & YOUR ACCOUNT

Our products are not for sale to persons under the age of 18. By agreeing to these Terms of Service, you represent that you are at least 18 years old. If you register for an account on the Site, you are solely responsible for the security of your password. You agree to accept full responsibility for all activities that take place under your username.  If you elect to make a purchase, you will be asked to provide information including your name, billing address, email address, and credit card information.  You are responsible for ensuring that your personal information and other data you submit to us is true, accurate, and up to date at all times. You agree to promptly update your account and other information, including your email address and any payment information. You agree not to misrepresent your identity. We have the right (but not the obligation) to require you to change your password if necessary for security purposes.

SECTION 2 – PRODUCT, SERVICES, AND INFORMATION ON THE SITE

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, troubleshooting guidance or instructions, customer support, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We have made every effort to display as accurately as possible the colors and images of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to discontinue any product at any time. Any offer for any product made on the Site is void where prohibited. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 3 – TERMS OF SALE FOR OUR PRODUCTS

All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and Eastpoint will not take place unless and until you have received your order confirmation email. We reserve the right but are not obligated, to limit the sales of our products 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 that we offer.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You acknowledge that financial transactions on our Site are facilitated by a third-party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose. All prices are stated exclusive of all sales, use, value-added, and other taxes. You are responsible for paying all shipping costs and taxes on any purchase, fees, or other charges. The risk of loss and title for all products purchased from the Site passes to you upon delivery of the product to the carrier.

If you would like to request a cancellation of your order or you have any problems with your order, please contact us at dtcecommerce@eastpointsports.com. We reserve the right to deny a cancellation request and cannot cancel an order if the product has already shipped.  All orders are subject to our Returns Policy. For more detail, please review our Returns Policy.

SECTION 4 - PROHIBITED USES

You are granted a limited, non-exclusive, revocable right to access and use the Site solely for personal use and as permitted by these Terms. This right does not include the right to, and you shall not, authorize any other party to co-brand the Site, use any meta tags, download (except for page caching), modify, reproduce, or resell any part of the Site’s content; use any robot, spider, data miner, or other automated or semi-automated means to extract or gather data from the Site; or otherwise use the Site or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain our express written consent.  Except for the limited right expressly granted to you in these Terms, Eastpoint and its licensors expressly reserve all other rights and licenses. You agree to cooperate with us to cease immediately causing any unauthorized use of the Site.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

• for any unlawful purpose or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to solicit others to perform or participate in any unlawful acts;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• 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 the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape content off the Site;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

SECTION 5 – TERMINATION/SUSPENSION OF YOUR ACCOUNT

You agree that we may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any account hereon, without notice, for any reason in our sole discretion, including, without limitation, violation of these Terms or our belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to us, another user, or any third party. 

SECTION 6 – INTELLECTUAL PROPERTY

All proprietary content and materials on the Site including, without limitation, the Site's layout, organization, and design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws.  Such content and materials are the property of Eastpoint and the parties that provide the services mentioned above. The content may not be copied, republished, posted, distributed, transmitted, or uploaded in any way without our prior written approval or unless authorized in writing elsewhere on our Site. You may print out a copy of our content for personal use; however, you may not remove or change, or cause to be removed or altered, any trademark, copyright, service mark, trade name, or any other proprietary notice or rights. You will obtain neither title nor intellectual property rights by accessing our Site. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights. Without limiting the foregoing, no Eastpoint trademark or trade dress may be used in connection with any product or service that is not Eastpoint’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Eastpoint.

You grant us a perpetual, royalty-free, irrevocable, sub-licenseable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works, or otherwise exploit any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques that you submit to the Site or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to our Privacy Policy. 

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 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.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 9 - DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service or our products will be accurate or reliable.

THE SITE AND ALL CONTENT AND PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY EASTPOINT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.  NEITHER EASTPOINT, ITS AFFILIATES, ANY THIRD-PARTY SUPPLIER, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ARE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH OR RELATED TO YOUR ACCESS OR USE OF THE SITE OR ANY OF ITS CONTENT.

SECTION 10 - LIMITATION OF LIABILITY

In no case shall Eastpoint, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, Site or any products procured using the Site, or for any other claim related in any way to your use of the Service, the Site, or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, the Site, or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. TO THE EXTENT PERMISSIBLE BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES WHATSOEVER SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE SPENT ON PRODUCTS FROM OUR SITE, WHICHEVER IS LOWER. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 11- INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eastpoint and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 12 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 14 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

SECTION 15 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey without regard to any conflict of laws provisions.  Venue shall be exclusively in the state or federal courts located in New Jersey with respect to any dispute arising under these Terms.

SECTION 16 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms should be sent to us at dtcecommerce@eastpointsports.com.

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