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General Terms and Conditions

View Terms and Conditions Specifically for Custom Sublimation or Varsity Jackets

PRICES:

All orders are shipped F.O.B. Sidney, Ohio, United Parcel Service shipping charges included insurance plus handling fee. Prices are subject to change without notice.

SALES AGREEMENT:

All orders are subject to factory acceptance. Custom orders may not be cancelled. No returns accepted without return authorization.

MINIMUMS:

There are no minimum order requirements for blank product. When ordering Holloway Decoration, certain techniques do have a minimum order requirement, but pricing is a function of quantity.

TERMS:

Our normal terms are net 30 days with prior credit approval. A credit application form is available upon request. Past due invoices will be assessed an interest charge of 2% per month, 24% annual rate. We also accept Visa® or MasterCard®. There is no surcharge or extra processing fee for credit card payment. All other accounts will be shipped C.O.D. All returned checks will be charged a $25.00 fee.

UNCLAIMED C.O.D. SHIPMENTS:

Any refused C.O.D. shipment is subject to freight charges and a 20% or $25.00 minimum re-handling charge. These charges will be added to the next order and may be subject to prepayment prior to shipping.

SAMPLES AND SWATCHES:

Samples are available upon request at special pricing and can be returned at no charge. Swatch books are available for purchase and are a great tool to educate customers.

RETURNS:

Merchandise should be inspected carefully upon delivery. Claims for damages or shortages must be made within 30 days of order shipment. Requests for returns must be made within thirty days from date of shipment. No returns allowed without factory authorization. Returns must be sent freight prepaid, and may be subject to a 15% restocking charge with a $25.00 minimum fee. No returns will be accepted on merchandise that is removed from original packaging.

WARRANTY:

Holloway Sportswear, Inc. guarantees all products to be free from manufacturing defects for a period of one year from date of purchase. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Factory authorized returns should be sent to:
Returns Dept. Holloway Sportswear, Inc.
600 N. Stolle Drive Sidney, OH 45365

All shipments should be verified to be the correct merchandise ordered before product is decorated. This includes third-party shipments. No returns will be accepted once merchandise has been decorated.

BY USING THE HOLLOWAY SPORTSWEAR WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF US, IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE SITE. Please review these Terms regularly, as they may change anytime. By using the Site after a change in the Terms, you agree to follow and be bound by the terms as changed.

The Site:

The Site includes everything posted on or provided through pages posted on the Holloway Sportswear website at http://www.Hollowayusa.com, including but not limited to the following:

Content:

Everything you see or otherwise receive from or on the Holloway Sportswear website. Content includes but is not limited to all software, marketing tools, images, graphics, photographs, trademarks, logos, trade names, text, documents and sounds, and all services provided through the website.

Intellectual Property:

Unless otherwise noted, all Content is copyright, trademark, trade dress or other intellectual property owned or licensed by Holloway Sportswear and protected under U.S. and international laws and treaties. “Holloway Sportswear” is a registered trade name of Holloway Sportswear Inc. You may not use any Holloway Sportswear trademark as part of your company name, corporate name, trade name or domain name.

Site Use:

You may use or download Content for your business as specifically permitted on the Site, or for your personal noncommercial purposes. No other use of Content is allowed. These limited rights are granted to you only so long as in exercising these rights you:

  • Make only lawful use of the Site.
  • Violate no one else’s rights, including copyright, trademark, trade secret, privacy, publicity or other rights.
  • Keep unchanged all copyright and other notices provided with Content on the Site.
  • Use reasonable efforts to protect the Content from unauthorized use, modification, reproduction, distribution or publication.
  • Do not portray Holloway Sportswear, its affiliates or licensors, or their products or services, in a false, misleading, derogatory, or offensive way.
  • Abide by all applicable laws, rules and regulations regarding Spam (commercial e-mail).
  • Send e-mails only to recipients with whom you have a prior business relationship.
  • Send no e-mails to recipients who have asked that you stop sending them e-mails.
  • Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content.

You may not upload post, transmit, distribute or otherwise publish on or to the Site any of the following:

  • Software virus or other harmful component.
  • Advertising or commercial material of any kind, except as expressly invited by Holloway Sportswear.
  • False, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.

You may not interfere with the Site or any other user’s use of the Site by, for example overloading, flooding, mail-bombing or crashing the Site; or inserting any code or product or manipulating the Content in any way that affects any user’s experience of the Site.

Holloway Sportswear does not warrant or represent that customers are permitted to use any third party marks. Any use of third party marks must comply with any restrictions imposed by the mark owner, and is done at the customer’s own risk.

Holloway Sportswear is not responsible for the conduct of any person using the site.

Visitor Submission:

Information you transmit to the Site is not confidential or proprietary. Holloway Sportswear may use any information you transmit through the Site on an unrestricted basis. This may include personal information about you and your use of the Site.

Use by Children:

The Site is intended only for those aged 18 and older. If you are under 18, you may not register or submit personally identifiable information on, to or through the Site. Holloway Sportswear does not collect personally identifiable information from any person Holloway Sportswear knows to be under 18.

Links:

Links from the Site to third party sites are provided only as a convenience. You use outside links at your own risk. Such links do not constitute Holloway Sportswear’s endorsement of any third party, its site, or its goods or services. Holloway Sportswear disclaims liability for any injury you may experience by using such materials. You may not create links to the Site that portray Holloway Sportswear in a false or misleading light. You may not use “framing” or similar techniques to enclose any portion of the Site. Except as intentionally enabled by the Marketing Tools, you may not link to any pages other than the Holloway Sportswear home page.

Generic Sites:

Your creation of a custom site is subject to all of these Terms. Upon creating a custom site, you acknowledge and agree to all these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT SET UP A GENERIC SITE.

You are welcome to download and display Holloway Sportswear trademarks and images for your custom site, as long as they are used properly and not in a misleading way. Holloway Sportswear reserves the right to revoke permission for any usage in its sole discretion. Holloway Sportswear logos displayed on your site must comply with Holloway Sportswear graphic standards.

Your site must not lead users to believe you are Holloway Sportswear. You may not use any Holloway Sportswear trademark as part of your company name, corporate name, trade name or domain name. Your site must provide your contact information, including your true name or registered trade name, and a street address or PO Box. Misleading statements (such as misleading use of “we” or “us”) must be avoided. You may use information about Holloway Sportswear awards, accomplishments, memberships, announcements, etc., only with Holloway Sportswear’s prior written approval as placement and context.

Your site may not use another company’s logo, trademark or other copyrighted material without their permission. You are expected to conduct proper research to ensure that the items posted to your custom website are in compliance with all local, state, national, and international laws. If we determine that any content on your site is prohibited, we ma summarily remove it or delete the custom website. Holloway Sportswear reserves the right to make judgments about whether or not content is appropriate in its sole discretion. Use of the custom website is at your own risk.

Disclaimers and Liability Limitations:

YOU USE THE SITE SOELY AT YOUR OWN RISK. HOLLOWAY SPORTSWEAR PROVIDES THE SITE “AS IS”, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTAIONS, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PATICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL HOLLOWAY SPORTSWEAR OR ITS LICENSORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF HOLLOWAY SPORTSWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with the Site or any of the Terms, your sole and exclusive remedy is to stop using the Site. Some states do not allow certain limitations on implied warranties or certain damages, so some of the above exclusions may not apply to you.

Indemnification:

You agree to defend, indemnify and hold harmless Holloway Sportswear and it officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site, and for your violation of any of the Terms.

Termination:

Your failure to comply with any of the Terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms. Various parts of these Terms will continue in force and effect upon termination of your rights, according to their nature, including restrictions, disclaimers, liability limitations and indemnification obligations. Upon termination, you must promptly destroy all Content and Software downloaded or obtained from this Site. Holloway Sportswear may change, suspend or discontinue or restrict any Site featured at any time without prior notice.

Applicable Law and Dispute Resolution:

The Terms will be construed according to the laws of the State of Washington, U.S. without regard to its conflicts of laws principles. Any dispute arising under or relating to the Site, Marketing Tools, Software or Terms shall be resolved by a court of competent jurisdiction located in King County, Washington. Your use of the Site constitutes your consent to submit to the jurisdiction and venue of the state and federal courts located in Washington. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys’ fees.

Miscellaneous:

If any provision or portion of the Terms is found to be void or unenforceable, that provision or portion will be enforced to the maximum extent allowed to affect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. No waiver of any Terms shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach of failure to perform shall be deemed to be a waiver of any future right arising under the Terms. The Terms are the entire agreement between you and Holloway Sportswear relating to the Site. Any prior agreement between you and Holloway Sportswear regarding the subject matter of the Terms is superseded and has no force or effect. All rights not expressly granted herein are reserved.