Welcome to ProAthleteInc.com.
The ProAthleteInc.com Site is owned and operated by Pro Athlete, Inc.
Pro Athlete, Inc. does sell products for children, but it does not sell products to children. Pro Athlete, Inc. only sells products to adults, ages 18 and older, who may purchase products with a credit card. Pro Athlete, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Pro Athlete, Inc. believes that user conduct violates applicable law or is harmful to the interests of Pro Athlete, Inc. or its affiliates.
Intellectual Property Information
The Pro Athlete, Inc. name and logo are trademarks or registered trademarks of Pro Athlete, Inc., and/or their parent, subsidiaries and/or affiliates.
Note that any program, publication, design, product, process, software, technology, information, know-how or idea described in this Web Site may be the subject of other rights, including other intellectual property rights, which are owned by Pro Athlete, Inc. or other interested parties and are not licensed to you here under. This includes all images, text, programs, graphics, interactive clips and other materials that are on this Web Site.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Sites, and the selection, coordination, and arrangement of such content, are owned by Pro Athlete, Inc., its affiliates or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under the applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Pro Athlete, Inc. or any third party.
The Sites and the information contained on the Sites are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Pro Athlete, Inc. or its affiliates or their lawful successors and assigns. For usage permission, see the Contact Us information provided below.
Pro Athlete, Inc. respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any material distributed through the Sites or any material on the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act. Please provide us with the following information in writing, (see 17 U.S.C. §512(c)(3) for further detail):
1. A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
4. Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
5. A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the above information, we will investigate the allegations and take appropriate action. Our designated copyright agent to receive notifications of claimed infringement may be reached at:
Pro Athlete, Inc.
Attn: Customer Service Department
10800 North Pomona Ave.
Kansas City, Missouri 64153
License and Access to ProAthleteInc.com
Pro Athlete, Inc. grants you a limited license to access and make personal use of the Sites, and not to download or modify them, or any portion of them, except with the express written consent of Pro Athlete, Inc. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Sites nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pro Athlete, Inc.. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pro Athlete, Inc. and our affiliates without express written consent. You may not use meta tags or any other hidden text using the Pro Athlete, Inc. name or trademarks without the express written consent of Pro Athlete, Inc. Any unauthorized use terminates the permission or license granted by Pro Athlete, Inc.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page of ProAthleteInc.com so long as the link does not portray Pro Athlete, Inc. or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Pro Athlete, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party and Co-Branded Web Sites
The Sites may contain hyperlinks ( "links ") to Web Sites operated by persons or entities other than Pro Athlete, Inc. ( "third-party Web Sites ") or to co-branded Web Sites operated by a third party, including affiliates ( "co-branded Web Sites "). We provide such links for your reference and convenience only. A link from ProAthleteInc.com to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Web Sites to which you might link from the ProAthleteInc.com. PRO ATHLETE, INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
"Submissions " refer to text, comments, messages, ideas, concepts, suggestions, and/or other similar materials that a user posts, submits, uploads, displays, embeds, communicates or distributes on or through a Pro Athlete, Inc. site.
"Solicited Submissions " are Submissions that we expressly request or enable you to provide us through any feature or activity on the Site for our review or display. "Unsolicited Submissions " are submissions not requested by us or provided by you through an unauthorized use of any feature or activity on the Site. Users of the Sites may not provide any Unsolicited Submissions through our sites. You agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
The "Interactive Areas" is an area, site or feature offered as part of any Site that provides an opportunity for users to distribute Submissions for viewing by one or more users. You acknowledge that Interactive Areas are for public communications, and you have no expectation of privacy with regard to any Submission to Interactive Areas. You are solely responsible for the Submissions you distribute on or through any Site under your username or otherwise by you and for the consequences of submitting and posting.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Sites, including Interactive Areas, personal ads, and chats, to foster compliance with this Agreement. All users of the Sites hereby agree to such monitoring. We do not make any warranties or guarantees that: (a) the Sites, or any portion thereof, will be monitored for accuracy or unacceptable use; (b) apparent statements of fact will be authenticated, or (c) we will take any specific action in the event of a dispute regarding compliance or non-compliance with this Agreement. You acknowledge that the use of, or reliance upon any Submission posted in any Interactive Areas is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Interactive Areas and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation and may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to the Submissions you distribute.
You may not provide to or post on or through the Sites or Interactive Areas any text, graphics, images, photographs, audio, video or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
You may not use any obscene, indecent, or offensive language or provide to or post on or through the Sites or Interactive Areas any text, graphics, images, photographs, audio, video or other material that is defamatory, abusive, harassing, threatening, or an invasion of right of privacy of another person. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Sites.
You may not use any sexually explicit language or provide to or post on or through the Sites or Interactive Areas any text, graphics, images, photographs, audio, video or other material that is sexually explicit.
You may not provide to or post on or through the Sites or Interactive Areas any text, graphics, images, photographs, audio, video or other material that is encrypted, invades anyone's privacy, references or encourages conduct that would constitute a criminal offense, gives rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Site and Interactive Areas only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are solely responsible for ensuring that any text, graphics, images, photographs, audio, video or other material you submit to the Sites does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owners of such rights.
You may not make commercial or other unauthorized use, by publication, distribution, caching, performance, re-transmission of material obtained through the Sites or Interactive Areas, including without limitation the Web Site content, except as permitted by the United States Copyright Act or other law or as expressly permitted in writing by Pro Athlete, Inc. and its affiliates.
You agree to not disrupt, attack, modify, overwhelm, reverse engineer, or interfere with the Sites or Interactive Areas or any associated software, hardware and/or servers in any way, and you agree to not interfere or impede with others' use of the Sites.
You may not attempt to gain access to our servers by any means, including, without limitation, buy using administrator passwords or by acting as an administrator while using the Sites, Interactive Areas or otherwise.
You agree to comply with all applicable law in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from Pro Athlete, Inc. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Pro Athlete, Inc. or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Pro Athlete, Inc. or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the Pro Athlete, Inc. Web Sites, you agree not to violate or attempt to violate the security of the Pro Athlete, Inc. Web Sites, including, without limitation, actions such as:
1. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding, " "spamming, " "mailbombing, " or "crashing " the Pro Athlete, Inc. Sites;
4. Sending unsolicited email, including promotions and/or advertising of products or services, and
5. Forging any TCP/IP packet header or any part of the header information in any email or posting.
You represent and warrant that you will not infringe upon the intellectual property rights of others, and you represent and warrant that: (1) you own all rights, titles, and interest in any images or logos you upload to Pro Athlete, Inc. Sites when creating custom products where allowed on the Pro Athlete, Inc. Sites; and (2) the colors, patterns, images, or text selected by you on the Pro Athlete, Inc. Sites when creating custom products does not violate the intellectual property rights of others in any way.
Risk of Loss
All products purchased from Pro Athlete, Inc. are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Pro Athlete, Inc. Title to products purchased from Pro Athlete, Inc., as well as the risk of loss for such products, passes to you when Pro Athlete, Inc. delivers these items to the independent carrier.
Pro Athlete, Inc. strives to provide the most accurate and up-to-date information in describing its products. We do not warrant that the product descriptions or other content on Pro Athlete, Inc. are accurate, complete, reliable, current or error-free. All prices displayed on Pro Athlete, Inc. Sites are quoted in U.S. Dollars.
Disclaimer of Warranties and Limitations on Liability
THE PRO ATHLETE, INC. SITES AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY PRO ATHLETE, INC. ON AN "AS IS " AND "AS AVAILABLE " BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO ATHLETE, INC. MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE PRO ATHLETE, INC. SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE PRO ATHLETE, INC. SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE PRO ATHLETE, INC. SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE PRO ATHLETE, INC. SITES WILL BE CORRECTED, OR THAT THE CONTENT ON THE PRO ATHLETE, INC. SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE PRO ATHLETE, INC. SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRO ATHLETE, INC. SITES AND PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL PRO ATHLETE, INC., OUR PARENT, SUBSIDIARIES, AFFILIATES, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO PRO ATHLETE, INC. SITES OR CHANGE THE PRO ATHLETE, INC. SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Applicable Law and Dispute Resolution
The Pro Athlete, Inc. Sites are controlled and operated by Pro Athlete, Inc. from its office in Kansas City, Missouri, USA, and such operation is not intended to subject Pro Athlete, Inc. to the laws or jurisdiction of any state, country, or territory other than that of the State of Missouri. Pro Athlete, Inc. does not represent or warrant that the Sites or the information contained therein, or any aspects thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites do so on their own initiative and at their own risk and are responsible for complying with local laws. We may limit the availability of the Sites to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Missouri, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Missouri. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to ProAthleteInc.com or to products you purchase through the Pro Athlete, Inc. Sites shall be submitted to confidential and binding arbitration in Kansas City, Missouri, USA, except that, to the extent you have in any manner violated or threatened to violate Pro Athlete, Inc.'s intellectual property rights, Pro Athlete, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Missouri, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association ( "AAA "), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment for all filing, administration and arbitrator fees will be governed by the AAA's rules. 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 subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous Legal Provisions
We may discontinue the Pro Athlete, Inc. Sites at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Pro Athlete, Inc. Sites at any time for any reason, without notice. We may discontinue or restrict your use of the Pro Athlete, Inc. Sites at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pro Athlete, Inc. as a result of this Agreement or your use of the Pro Athlete, Inc. Sites. Nothing contained in this Agreement is in derogation of Pro Athlete, Inc.'s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Pro Athlete, Inc. Sites or information provided to or gathered by Pro Athlete, Inc. with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Pro Athlete, Inc. to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Pro Athlete, Inc. Sites and their content and supersedes any prior or contemporaneous communications between Pro Athlete, Inc. and you regarding the Pro Athlete, Inc. Sites and their contents.
All rights not expressly granted herein are hereby reserved.
EFFECTIVE DATE: November 1, 2018