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").
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.
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. 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.