User Terms and Conditions Agreement
The following describes the terms and conditions under which It’s Greek to Me, Inc. d/b/a GTM Sportswear, a Kansas corporation (hereinafter referred to as “GTM Sportswear”), provides the http://gtmsportswear.com website (the “Site”) to you.
By using the Site (the services being provided thereby and content thereof are collectively referred to herein as the “Service”), you accept the GTM Sportswear Terms and Conditions and the following provisions, and policies, including any future amendments or changes (collectively, the “Agreement”):
If you use the Service on behalf of or as a representative of a business, organization or entity, you represent to GTM Sportswear that you have the authority to bind that business and that your acceptance of the Agreement will be treated as acceptance by that business, organization or entity.
GTM Sportswear reserves the right, at GTM Sportswear’s sole discretion, to change, modify, add, or remove portions of the Agreement at any time. As long as you comply with the Agreement, GTM Sportswear grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as the Service is intended to be used and in accordance with the Agreement and applicable law. GTM Sportswear grants you no other rights, implied or otherwise.
What the Agreement Covers
The Agreement governs your use of the Service. The Service, among other things, permits users of the Site to purchase certain stock apparel and custom apparel and customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other educational groups; (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Service, you have agreed to the terms and conditions of the Agreement and you agree to use the Site and the Service solely as provided in the Agreement.
Intellectual Property Rights of GTM Sportswear and Third Parties
GTM Sportswear is committed to the appropriate and legal use of the intellectual property of others, and GTM Sportswear requires the Site’s users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by GTM Sportswear.
GTM Sportswear is the owner of the GTM SPORTSWEAR trademark; other trademarks made available through the Site, including logos, slogans, color schemes and design trademarks, are licensed for use by GTM Sportswear and other third parties (the “Licensed Marks”). By using the Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. GTM Sportswear will notify you of such restrictions and/or conditions if your usage is in violation of such restrictions and/or conditions.
Designs created using the text tools and images available through the Site are in no way the exclusive property of the customers and/or users who assemble such designs. GTM Sportswear retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, GTM Sportswear has the sole discretion to reject any order that GTM Sportswear considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or as may otherwise be inappropriate for GTM Sportswear production.
You agree to not use the Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
GTM Sportswear goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, GTM Sportswear accepts returns and will refund payment in accordance with the GTM Sportswear Returns Policy (FAQ No. 14).
Intellectual Property Claims
GTM Sportswear respects the intellectual property rights of third parties. GTM Sportswear has a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of the Site to any user who uses the Site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses the Site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, GTM Sportswear has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of GTM Sportswear, please provide written notice to the following agent for notice of claims of infringement:
Attn: Intellectual Property
520A McCall Road
Manhattan, KS 66502
In order for GTM Sportswear to respond to your notice, your notice must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow GTM Sportswear to locate that material; (iv) contain adequate information by which GTM Sportswear can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
By placing an order or submitting a request for the manufacture and/or production of any particular artwork(s), design(s) or apparel order(s), you represent and warrant to GTM Sportswear that you have the right to use, offer to sell, sell, have manufactured and/or have distributed each and every item of artwork and/or apparel design(s) submitted (whether it be trademark, copyright, trade dress, patent, or design patent rights) and/or any other intellectual property rights of any other company or person.
You warrant and represent that if there are any claims for infringement, or alleged infringement, of any third party’s intellectual property rights with regard to such artwork(s), design(s) or apparel order(s), that you agree to accept GTM Sportswear’s tender of defense and agree to pay for that defense and agree to indemnify GTM Sportswear for any and all attorneys’ fees, expenses and costs for defending any such claim or from damages of any kind relating to such claim.
In addition to the indemnity pledged to GTM Sportswear regarding intellectual property set forth above, you agree to defend, indemnify and hold GTM Sportswear and the GTM Sportswear Affiliates (as defined below) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, expenses and court costs, arising from or relating to your use of the Site and the Service, your violation of the Agreement, or your violation of any rights of any third party.
Without prejudice to GTM Sportswear’s other rights under the Agreement, if you breach the Agreement in any way, GTM Sportswear may take such action as GTM Sportswear deems appropriate to deal with such breach, including, but not limited to, suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing legal action (including, but not limited to, legal, equitable and injunctive relief) against you. If GTM Sportswear prevails in whole or in part in a legal action to remedy a breach or threatened breach of the Agreement, GTM Sportswear shall be entitled to recover GTM Sportswear’s attorneys’ fees, expert witness fees, expenses, court costs and out-of-pocket costs incurred in connection with such action, in addition to any other relief GTM Sportswear may be granted.
The Agreement shall be governed and construed in all respects by the laws of the State of Kansas, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the Site is deemed a passive website that does not give rise to personal jurisdiction over GTM Sportswear or the GTM Sportswear Affiliates (as defined below), either specific or general, in any jurisdiction other than the State of Kansas. You agree to submit to the exclusive jurisdiction of the courts of the State of Kansas located in the County of Riley or the United States District Court for the District of Kansas for resolution of any dispute, action or proceeding arising in connection with the Agreement or your use or non-use of the Site. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOOD OR SERVICE ORDERED THROUGH THE SITE OR THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GTM SPORTSWEAR AND ITS PARENTS, SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “GTM SPORTSWEAR AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. GTM SPORTSWEAR AND THE GTM SPORTSWEAR AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GTM SPORTSWEAR OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GTM SPORTSWEAR AND THE GTM SPORTSWEAR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSSES OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT GTM SPORTSWEAR MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF GTM SPORTSWEAR (OR THE GTM SPORTSWEAR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT GTM SPORTSWEAR AND THE GTM SPORTSWEAR AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, GTM SPORTSWEAR AND THE GTM SPORTSWEAR AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
GTM Sportswear’s payment terms and conditions are found in the Payment Policy (See the FAQ section). By using the Site, you are agreeing to be bound to the payment terms and conditions in the Payment Policy.
Notwithstanding anything in the Agreement to the contrary, if any part of the Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Agreement. You agree that if any part of the terms and conditions of the Agreement are found to be unenforceable, then the remainder of the terms and conditions of the Agreement will remain in full force and effect.
GTM Sportswear or the GTM Sportswear Affiliates’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of the Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of the Agreement. GTM Sportswear and the GTM Sportswear Affiliates may assign their rights and duties under the Agreement to any party at any time without notice to you. You may not assign the Agreement or the rights granted herein to any party without the prior written consent of GTM Sportswear. The section headings used in the Agreement are for convenience only and have no legal or contractual effect. GTM Sportswear reserves the right to choose GTM Sportswear’s legal counsel for defending any potential and/or actual claim arising from the Agreement, the Service and/or the Site. Finally, you acknowledge and agree that the terms, conditions and restrictions contained in the Agreement are necessary for the protection of the legitimate business interests and goodwill of GTM Sportswear and the GTM Sportswear Affiliates.