1. Introduction

Welcome to the conditions of use for Midway Sports! We operate an online retail store selling sports equipment and apparel at www.sportsmidway.com and associated domains (the “Site”).

These Conditions set out the legally binding terms and conditions on which you may access and use our Site and shop for products. Please read these Conditions carefully before using or placing an order on our Site. By accessing or using our Site, registering for an account with us, or placing an order, you agree to be bound by these Conditions.

If you do not wish to be bound by these Conditions, please do not access or use our Site.

2. About Us

Midway Sports is operated by Midway Sports LLC, a limited liability company registered in Delaware, United States and with our registered address at 123 Main St, Anytown DE 19550.

3. Using Our Site

You may only use our Site and purchase products from us if you are 18 years or over and have legal capacity to enter into contracts.

Our Site is intended for consumer use only. Business or commercial use is prohibited without our express prior written consent.

You agree to provide accurate and complete information when interacting with our Site, including when registering for an account or placing an order. You must keep account details and contact information up to date.

When creating an account, you must choose a secure password. You are responsible for keeping passwords confidential and agree not to share them with any third party. You are responsible for all activity on your account. If you become aware of unauthorized access or use, you must notify us immediately.

Uploading content or otherwise making material available on or through the Site shall constitute your grant to Midway Sports of a worldwide, non-exclusive, royalty-free, perpetual license to use, distribute, edit, market, create derivative works of, and sublicense such content, solely for the purposes of operating, developing, providing, and promoting the Site.

You agree not to:

We reserve the right to terminate accounts, discard or edit content, or cancel orders in case of a breach of these Conditions or applicable law.

4. Site Accuracy & Modifications

We aim to ensure information on the Site is accurate and up to date, but do not guarantee it to be error-free or complete. We may update or amend Site content at any time without notice.

Site content is for general information only and should not be treated as professional advice tailored to your circumstances. Reliance on Site content is at your own risk.

We may suspend or cease operating the Site at any time without notice. Access may be interrupted because of maintenance, updates or outages.

Site content and availability may vary by region due to our business, operational and marketing decisions. We may introduce geographic restrictions on some or all content and products without notice.

5. Linking to Our Site

You may include links to our Site home page, product pages, and category pages, provided you comply with the following:

Framing, embedding or presenting Site content on other websites is strictly prohibited without our express written permission.

6. Submissions & Conduct

Any material you submit via the Site and social media becomes our property. Granting us rights to use your submissions does not violate any third party rights. We assume no responsibility for investigating or monitoring submissions for accuracy or reliability.

You agree not to submit illegal, offensive or otherwise objectionable content. Submissions must not impersonate others or manipulate identifiers to disguise their origin.

You agree to use the Site legally, not to harass others, and not to interfere with security-related or technical features. Unauthorized use may result in criminal and civil liability.

Objectionable Content includes (but is not limited to):

We may—but have no obligation to—remove, edit, block or monitor submissions when we deem appropriate. However, we do not review all content and bear no liability for what appears. Each Site user is responsible for posts they make, accessing content at their own discretion and interacting online safely by following security best practices.

By submitting to forums, contests or interactive features, you grant us an irrevocable license to publish submissions in any format—including comments, reviews, images and videos. Publication may include your username or screen name. You waive rights to prior approval and claims for compensation related to use or editing of submissions.

7. Purchasing

Product pricing, availability and descriptions are outlined on the appropriate page. We aim for accuracy but may experience errors or outages. Typographic, photographic or technical mistakes do not constitute an obligation to sell at erroneous prices.

Prices are inclusive of applicable sales tax but exclusive of shipping costs, which are added at checkout based on delivery destination before completing payment. You must pay shipping fees to receive purchases.

We may restrict orders for any reason. Factors typically considered are availability, order history, validation of billing/shipping details and ability to pay. Risk-based restrictions help prevent fraud and maintain adequate stock levels.

Promotions are limited while supplies last. Discounts and freebies may exclude sale items. Promo codes must be entered at checkout to redeem. We may cancel improper orders arising from technical issues, suspicious activity or violations of these Conditions.

Taxes and customs duties may apply for delivery destinations outside the USA. You are liable for paying all applicable import duties and laws. Delivery schedules outside the USA may vary widely.

8. Payment

We accept Visa, Mastercard, American Express, Discover credit/debit cards and PayPal. You represent having authority to initiate debits/charges to selected payment methods.

Charges occur when an order is confirmed via checkout button/tap. If payment fails after confirmation, we may cancel the order. You are responsible for clearing insufficient funds, expired cards, reaching limits, etc.

Recurring payments for subscriptions are billed automatically until cancellation. You must notify us >24 hours before next billing date to halt renewals.

Contact orders@sportsmidway.com regarding declines, discrepancies or assistance. Submit order numbers and relevant details so we can efficiently investigate issues.

Note: we do not directly process payments. Transactions are handled securely via contracted PCI-compliant third-party payment gateways. We do not store full payment credentials.

9. Order Fulfillment & Delivery

We strive to fulfill purchases quickly with delivery timelines displayed at checkout. Meeting estimates depends on providing valid payment/address details promptly, selecting in-stock items in available colors/sizes, and no excess demand hindering processing.

Delays may occur during high order volumes like special sales or external factors like severe weather disrupting carriers. We are unable to guarantee delivery by specific dates (e.g. birthdays, holidays). Contact us with sufficient notice if delivery by a certain deadline is imperative.

Tracking information is provided once available to check order status. You should inspect deliveries on arrival before accepting and retain shipping confirmation emails containing delivery details.

If orders seem incorrect, damaged, or missing contents, contact us within 3 days providing order numbers, photos, accurate descriptions of issues, etc. to open claims investigations. We may request return of damaged/missing items to us or brands for analysis. Claims resolution varies case-by-case based on factors like evidence available.

If ordered incorrectly regarding product specifications like size/color or submitting an order twice accidentally, contact us promptly before shipment. While rare, we may accommodate reasonable requests or cancellations where feasible.

10. Returns & Refunds

If you wish to return or exchange items purchased from Midway Sports, please review our Returns Policy before initiating the process.

You have 30 calendar days to return purchases unless otherwise noted in product descriptions. We must receive returns within the eligible window for acceptance. Items must be unused, undamaged, unwashed, etc. We do not accept returns of certain limited-release/custom products detailed on the tag/label.

Contact returns@sportsmidway.com to start returns and obtain prepaid return labels/packaging. We provide guidance throughout for a smooth experience. You must return items in original condition with tags/labels intact along with any accessories, packaging, manuals, etc. Include confirmation emails and a note with the order number and reason for return.

Once received and accepted by our returns processing facility, refunds are generally issued to the original payment method within 5-10 business days. Amounts credited will reflect items returned, minus any gift card redemptions, shipping fees or discounts applied to the purchase. Reimbursement for return shipping costs varies situationally.

We reserve the right to decline returns, impose restocking fees up to 20% or take other measures in certain exceptional cases like:

11. Product Reviews

We welcome open and honest feedback about products bought on our Site. Reviews follow moderation guidelines helping ensure content is appropriate, accurate and constructive for community members.

You agree your reviews avoid:

Reviews are not edited by us prior to appearing publicly. However, we may select high-quality posts to feature or remove those breaking rules without notice. Please report inappropriate reviews needing attention.

While we appreciate reviews whether positive or negative, participation is voluntary. Reviews reflect personal experience and opinions not controlled by Midway Sports. We do not guarantee reviews were submitted by verified customers free from bias or reliability issues. No compensation is provided for creating reviews.

12. Accuracy of Product Representations

We aim for product listings on our Site to reasonably portray key characteristics like style, color, material, measurements, etc. based on information from brands and our own inspections. However, deviations can naturally occur:

Trying on products to confirm fit remains ideal given unique body shapes/proportions. See sizing guides and measuring instructions for best practices estimating appropriate sizes to order. Returns are possible for incorrect sizing when following our policies.

If products seem misrepresented versus expectations set by images, descriptions or prior experience with a brand, contact us so we can investigate and improve standards.

13. Inventory & Pricing Errors

We strive to ensure Site inventory status and pricing are current. However, errors may occur:

We reserve rights to cancel orders where obvious inventory/pricing errors occur causing incorrect displays. We try accommodating affected customers with alternative solutions if feasible. Pricing mistakes can also justify payment collection for undercharged orders before shipping.

14. Customer Service

We try handling any inquiries or complaints promptly and FAIRLY via email or chat support channels available onsite during our opening hours. See Customer Service webpage [insert url] for operation times and contact options.

When contacting us, provide order numbers, user IDs or other key details so we can efficiently research problems and respond effectively. We may request supporting documents, photographs showing issues, etc. to facilitate resolutions.

Common requests relate to:

For privacy and security reasons, account holders must initiate queries personally regarding their own accounts/orders unless prior authorization setup.

We try resolving complaints amicably through good-faith dialogue. However, we reserve rights to handle communications in ways preserving safety/legality and refuse engagement where inappropriate.

15. Products Suitability

We take reasonable efforts ensuring products sold are high quality and meet advertised specifications. However, you have sole responsibility confirming goods meet needs regarding factors like materials, safety standards, certifications, etc.

Review product descriptions carefully and research brands/models as required before purchase. We are not liable for any lack of suitability once orders are accepted regarding characteristics that were described or reasonably apparent at time of sale.

Using protective sports equipment remains vital for safety. Consult instruction manuals and warnings accompanying products. Failure to use gear properly increases injury risks.

16. Warranties & Defects

We stand behind products sold on our Site when used properly for their intended purposes. Manufacturing defects reported promptly after receipt may qualify for a replacement item after investigation.

However, natural wear/tear associated with sports equipment usage over time or damage caused by improper use, storage, negligence, etc. do not constitute warrantable defects. Cosmetic scuffing, scratching or staining also does not impair functionality qualifying for replacements.

We may request return of damaged items for inspection before issuing replacements. Submit photos clearly showing damage where possible when reporting defects.

Most items come with additional manufacturer warranties extending beyond basic sale contract terms. Review warranty booklets/cards to understand coverages like duration, eligible defects, how to file claims, etc. We assist routing items for repair/replacement with brands directly under their warranty programs.

Any amounts paid for extended protection plans/insurance must be resolved directly with the third-party provider as this falls outside our core product sales. We hold no liability regarding denial of claims or other issues arising later in separate agreements we are not privy to as the retailer.

17. Limitation of Liability

We will be responsible for loss/damage suffered as a foreseeable result of our breach of these Conditions or negligence BUT NOT where loss/damage stems from your own breach or negligence.

Loss/damage is foreseeable where obvious it will happen if we breach conditions. We are not responsible for unusual/unforeseeable damages lacking causal link to our actions/omissions.

Our maximum aggregate liability shall not exceed twice the total sums paid under the associated order in last 12 months for contracts breached. The cap excludes liability arising from clauses herein saying we remain fully liable for actions/omissions.

We are liable for:

We are NOT liable for:

18. Ownership, Licenses & Intellectual Property

The Site design/content and our brands/logos are copyrighted to Midway Sports or used under license from third party partners. You may not duplicate, publish, modify or distribute Site material without prior written consent.

We grant a limited license to access/use the Site subject to these Conditions. Site access may be temporarily unavailable for updates, outages or planned maintenance. The license is non-transferable/non-sub-licensable and revocable at any time.

Product images and descriptions displayed are owned by respective brands with permission to showcase online under retail agreements. You may not use brand imagery appearing on our Site for other commercial purposes unless directly authorized by those brands in a separate agreement.

User-generated content belongs to original creators subject to rights granted to Midway Sports under section 6 herein regarding submissions.

19. Privacy Practices

We respect customer privacy and handle personal data responsibly to build trust. See our full Privacy Policy explaining information gathered, tracking technologies used, data sharing with partners/service providers, rights to access/erase data and other facets regarding privacy and GDPR compliance relating to use of our Site and services. We only process customer data legitimately to operate our business and associated marketing activities.

20. Term, Termination & Site Changes

Provisions of these Conditions remain effective until replaced by an updated version. Users must review for changes upon each Site visit as all activity constitutes acceptance.

We may alter, suspend or cease Site operations without notice or liability arising under these Conditions to manage business transitions, conduct maintenance/upgrades, comply with law or handle extraordinary circumstances beyond reasonable control.

When feasible, we try announcing pending changes impacting users or migrate them seamlessly to replacement platforms maintaining similar features/capabilities/value.

21. Third Party Links & Ads

Third party services linked through our Site are not controlled by us. We are not responsible for third party site content, policies or service levels. Use caution navigating any secondary sites and consult their terms/notices.

Advertisements running through our Site may link out to advertisers. We are not responsible for ads content or offers on external websites. Interacting with ads is at your own risk.

22. Indemnity

You indemnify us from claims, costs, losses or damages suffered due to your breach of these Conditions or violation of applicable laws when accessing/using our Site or services.

We reserve rights to exclusive control over defense/settlement and claim indemnity from you regarding proceedings arising from your actions.

23. Disputes & Governing Law

We try resolving complaints directly but may seek mediation if needed. For unresolved eligible disputes, arbitration through the American Arbitration Association occurs in Delaware under simplified rules. Arbitration fees and reasonable documented attorney fees are awarded to the prevailing party.

For ineligible disputes or relief sought our arbitration process cannot provide, you may pursue claims in Delaware small claims court or Chancery Court in New Castle County.

These Conditions fall under Delaware and federal laws therein regarding rights, responsibilities and dispute resolution. Users waive objections to venue/jurisdiction in Delaware courts. Conflict of laws principles do not apply. The UN Convention on Contracts shall not govern these Conditions or associated orders.

Non-conflicting and unambiguous terms herein will survive if certain conditions are deemed unenforceable. Remaining enforceable portions are severed permitting viability absent removed elements.

24. Force Majeure

We are not liable for delays/failures under reasonable control related to natural disasters, war, terrorism, government acts, material shortages, third party provider disruptions or other extraordinary circumstances.

25. Waivers & Severability

Inaction by us regarding any breach by you or others does not waive rights under these Conditions.

If certain terms herein are invalid/unenforceable, the remaining portions stay effective absent affected elements which are severed.

26. Assignment

You may not assign/transfer rights/duties under these Conditions to others without written consent from Midway Sports. We reserve rights for successors/assigns to continue operating the business in changed forms.

27. Entire Agreement

These Conditions constitute the entire agreement governing Site access/usage and product purchases. Users have not relied on verbal statements not stipulated herein nor will unwritten oral explanations modify interpretation if a dispute arises later. Any amendment intentions must be conveyed formally in writing or by email from an authorized representative to become binding.

28. Contact Us

Thank you for reviewing these Conditions forming contract terms for engaging Midway Sports! Direct any questions about Site use, orders or other matters to:

Midway Sports LLC
123 Main St
Anytown DE 19550
Email: support@sportsmidway.com

Reach out by live chat through our Site for prompt assistance too!