These Terms and Conditions (this "Agreement") apply to any and all online purchases of merchandise by you ("you" or "your") from Managers on a Mission, d/b/a Uncommon Sports Group (Authentic Athletic Apparel, Locker Room Direct), a Minnesota nonprofit corporation (the "Organization"). You must enter into this Agreement to purchase goods from the Organization. BY PURCHASING GOODS FROM THE ORGANIZATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE GOODS FROM MANAGERS ON A MISSION, d/b/a Uncommon Sports Group (Authentic Athletic Apparel, Locker Room Direct):
1. Application of Agreement:
This Agreement shall apply to all goods sold by Organization via the online platform (the "Platform") containing the link to this Agreement (the "Goods").
2. Goods
The Organization agrees to sell, and you agree to purchase, the Goods identified on the Platform for the purchase price as agreed to via the Platform. You understand and agree that the Goods were donated to the Organization to support its charitable mission, may not be new or unused, and may not be usable for their intended purpose.
3. Payment Terms:
Payment terms are as agreed to on the Platform or Online Marketplace.
4. Warranties:
ALL CLOTHES SHOULD BE WASHED BEFORE YOU WEAR THEM. THE GOODS ARE SOLD AS-IS. THE ORGANIZATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE GOODS SOLD. THE ORGANIZATION EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
5. Limitation of Liability:
EXCEPT TO THE EXTENT CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF THE ORGANIZATION, IN NO EVENT SHALL THE ORGANIZATION BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT), OF ANY KIND. THE ORGANIZATION'S LIABILITY FOR BREACH OF THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MONETARY CONSIDERATION PAID TO THE ORGANIZATION FOR THE GOODS.
6. Inspection of goods:
Without limiting the foregoing, your exclusive remedy for the purchase of the Goods shall be that the Organization shall, at its option, repair or substitute the Goods at no cost to you or refund any purchase price paid for the Goods. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
7. Force Majeure:
The Goods are subject to inspection upon receipt. Except as set forth in the terms of the Platform, you shall be deemed to have accepted the Goods unless you notify the Organization of any rejection within three (3) business days of receipt of the Goods. The Organization's delivery of the Goods is contingent on, and the Organization shall not be responsible for delays or failure to perform due to, any delays or failure to perform any obligation under this Agreement due to fires, explosions, acts of God, strikes or other disturbances, including, without limitation, war, insurrection, embargoes, government restrictions, compliance with or any action taken to carry out the intent or purpose of any law or regulation, or other accidents or other causes or contingencies not caused by the Organization or over which the Organization has no reasonable control.
8.SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS:
Locker Room Direct (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS/MMS Mobile Messaging Terms and Conditions, Our Terms of Use, Privacy Policy, and any other applicable terms and agreements related to your use of Our Program (the “Agreement”). By opting in to or participating in Our Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other agreements that may govern the relationship between you and Us in other contexts.
Program Description: Without limiting the program's scope, users who opt into the program can expect to receive messages from us and others texting on our behalf concerning the marketing and sale of our goods, services, and events. Messages may include checkout reminders.
User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as by checking the box to sign up online or application-based enrollment forms. Regardless of the opt-in method, you utilised to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialled or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to purchase from us. While you consent to receive messages sent using an autodialer, the preceding shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialling system as defined by the Telephone Consumer Protection Act.
Message Cost and Frequency: Message and data rates may apply for each message sent or received in connection with Our Program. It is best to contact your wireless provider if you have questions regarding your data or text plan. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Us at privacyshield@uncommonsg.org. Please note that requests to this email address are not an acceptable method of opting out of the program. Opt-outs must be submitted following the procedures set forth above.
9. Governing Law:
This Agreement represents the entire and integrated agreement between you and the Organization and no representations or promises, verbal or otherwise, have been made except as herein set forth. Clerical errors are subject to correction. In the event of any conflict between the terms and conditions of the Platform and this Agreement, such terms and conditions shall control. This Agreement is to be governed by the laws of the State of Minnesota. The parties hereto hereby acknowledge and consent to personal jurisdiction and venue exclusively in Hennepin County, Minnesota. Any provision part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. No modification or amendment to this Agreement or consent to the waiver of any of the terms hereof, shall be binding unless made in writing and signed by both you and the Organization.