Terms & Conditions

Overview

This website is operated by ESEN SPORTS LLC. Throughout the site, the terms “we,” “us,” and “our” refer to ESEN SPORTS LLC. ESEN SPORTS LLC provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and content contributors.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

 

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website after changes are posted constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service. You must not transmit any destructive code, such as worms or viruses. A violation of any of these Terms will result in the immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks or adaptations to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service without express written permission from us. Headings used in this agreement are included for convenience only and do not limit or affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. This site may contain certain historical information, which is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information. It is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

Section 5 - Products or Services (If Applicable)

Certain products or services may be available exclusively online through our website and may have limited quantities. They are subject to return or exchange only according to our Return Policy. We have made every effort to display product colors and images as accurately as possible, but we cannot guarantee that your computer monitor’s display will be accurate. We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction. We also reserve the right to limit the quantities of any products or services we offer. All descriptions of products and pricing are subject to change at any time without notice. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. If we make changes to or cancel an order, we may notify you via the provided email, billing address, or phone number. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your information, including email address and credit card details, so we can complete your transactions and contact you as needed. For more details, please review our Return Policy.

Section 7 - Optional Tools

We may provide access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties or conditions of any kind. Any use of optional third-party tools offered through the site is entirely at your own risk and discretion. In the future, we may offer new services and features through the website, which will also be subject to these Terms of Service.

Section 8 - Third-Party Links

Some content, products, and services available through our Service may include materials from third parties. Third-party links may direct you to websites that are not affiliated with us. We are not responsible for evaluating the content or accuracy of these sites and assume no liability for third-party materials or websites. We are not responsible for any harm or damages related to transactions made through third-party websites. Please review the third party’s policies and practices before engaging in any transaction.

Section 9 - User Comments, Feedback, and Other Submissions

If you submit comments, ideas, suggestions, or other materials (collectively, “comments”) at our request or without a request, you agree that we may edit, copy, publish, distribute, and otherwise use those comments in any medium without restriction. We are not obligated to maintain any comments in confidence, pay compensation, or respond to comments. We may, but are not obligated to, monitor or remove content that we determine in our sole discretion is unlawful, offensive, or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, nor will they contain malware that could affect the Service or website.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please refer to the link provided on our website.

Section 11 - SMS/MMS Mobile Message Marketing Program Terms and Conditions

ESEN SPORTS LLC offers a mobile messaging program subject to these Mobile Messaging Terms and Conditions. By opting into the program, you agree to these terms and consent to receive marketing messages. Message and data rates may apply, and message frequency varies. To opt out, reply STOP to any message. For support, text HELP. For full details, refer to the full Mobile Messaging Program Terms and Conditions.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct these errors and update information at any time without prior notice. We undertake no obligation to update or amend information in the Service or on any related website, including pricing, unless required by law.

Section 13 - Prohibited Uses

In addition to the other prohibitions outlined in these Terms, you are prohibited from using the site or its content for any unlawful purposes, to infringe on intellectual property rights, to harass or discriminate against others, or to introduce malware or malicious code. Violations of these prohibitions may result in termination of your access to the Service.

Section 14 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our service will be uninterrupted or error-free. The service and all products provided through the service are offered “as is” without warranties or conditions of any kind, either express or implied. In no case shall ESEN SPORTS LLC, our directors, officers, employees, affiliates, agents, or service providers be liable for any direct or indirect damages arising from your use of the service.

Section 15 - Indemnification

You agree to indemnify and hold ESEN SPORTS LLC and our affiliates, employees, and partners harmless from any claims, damages, or demands arising from your violation of these Terms or the rights of a third party.

Section 16 - Severability

If any provision of these Terms is deemed unlawful or unenforceable, it will be severed from these Terms, and the remaining provisions will continue in full effect.

Section 17 - Termination

These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms by ceasing to use the site. We may terminate this agreement at any time if you fail to comply with any provision of these Terms.

Section 18 - Entire Agreement

These Terms of Service constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 19 - Governing Law

These Terms of Service and any separate agreements shall be governed by the laws of the United States.

Section 20 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or change these Terms at any time. Continued use of the site after changes are posted constitutes your acceptance of the new Terms.

Section 21 - Contact Information

For any questions about the Terms of Service, please contact us at support@tryeht.com.