Terms and Conditions

Thank you for visiting www.realcheapsports.com and Real Cheap Sports, Inc. and its parent, subsidiaries and affiliates (collectively, “Real Cheap Sports,” “we,” or “us”).

By using the Real Cheap Sports website, you agree to be legally bound by all the terms and conditions outlined in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. 

We may, occasionally, modify the terms of this Agreement. We will post those changes here when we do. Your use of realcheapsports.com following any modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

Privacy
Please review our privacy policy.  Our Privacy Policy also governs your use of realcheapsports.com. The terms and conditions of our privacy policy, which are set forth in Privacy Policy of realcheapsports.com, are incorporated herein and made a part of this Agreement.

Orders
Real Cheap Sports sells products only to persons who are ages 18 years and older, who can purchase them with a credit card. Real Cheap Sports reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Real Cheap Sports believes that user conduct violates applicable law or is harmful to the interests of Real Cheap Sports or its affiliates.

Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Real Cheap Sports Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Real Cheap Sports or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Real Cheap Sports Electronic Platforms for any purposes. Nothing stated or implied on the Real Cheap Sports Electronic Platforms confers on you any license or right under any copyright of Real Cheap Sports or any third party.

All information within the Real Cheap Sports Electronic Platforms are for your personal, non-commercial use only. Except as otherwise specified, you may not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Real Cheap Sports Electronic Platforms, or use the contents of the Real Cheap Sports Electronic Platforms in litigation, or for any commercial or promotional purposes, without written consent of Real Cheap Sports. For usage permission, email:  customerservice@realcheapsports.com.

License and Access to Real Cheap Sports Electronic Platforms
Real Cheap Sports grants you a limited license to access and make personal use of the Real Cheap Sports Electronic Platforms.  You may not download (other than page caching) or modify the Platforms, or any portion of them, without written consent of Real Cheap Sports. This license does not include any resale or commercial use of the Real Cheap Sports Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any type use of the Real Cheap Sports Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or like data gathering and extraction tools.

 

Third Party and Co-Branded Web Sites
The Real Cheap Sports  Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by entities other than Real Cheap Sports (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Real Cheap Sports to a third-party Web Site does not imply that we endorse the content on that Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Real Cheap Sports Electronic Platforms. REAL CHEAP SPORTS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities
You agree to comply with all applicable law in connection with your use of the Real Cheap Sports Electronic Platforms.  As a condition of your use of the Real Cheap Sports Electronic Platforms, you warrant that you will not use the Real Cheap Sports Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Real Cheap Sports Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Real Cheap Sports or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transactions.

By using the Real Cheap Sports Electronic Platforms, you agree not to violate or attempt to violate the security of the Real Cheap Sports Electronic Platforms, including, without limitation, actions such as:

Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service and/or advertising of products or services, 
and
Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss
All products purchased from the Real Cheap Sports Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Real Cheap Sports.  Responsibility for products purchased on the Real Cheap Sports Electronic Platforms, as well as the risk of loss for such products, passes to you when Real Cheap Sports delivers these items to the carrier.

Product Description
Real Cheap Sports attempts to be as accurate as possible in describing its products. We do not claim that product descriptions or other content of the Real Cheap Sports Electronic Platforms are accurate, complete, reliable, current, or error-free. 

Colors 
We have made every effort to display as accurately as possible the colors of our products that appear on the Real Cheap Sports Electronic Platforms.  Actual colors you see depend on your computer monitor or mobile device.

Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Real Cheap Sports or to products you purchase through Real Cheap Sports shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Real Cheap Sports' intellectual property rights, Real Cheap Sports may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification
You agree to defend, indemnify, and hold harmless Real Cheap Sports and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Real Cheap Sports arising out of or relating to your use of the Real Cheap Sports Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions
We may discontinue the Real Cheap Sports Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Real Cheap Sports Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Real Cheap Sports Electronic Platforms at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Real Cheap Sports as a result of this Agreement or your use of the Real Cheap Sports Electronic Platforms. Nothing contained in this Agreement is in derogation of Real Cheap Sports' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Real Cheap Sports Electronic Platforms or information provided to or gathered by Real Cheap Sports with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Real Cheap Sports to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Real Cheap Sports Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Real Cheap Sports and you regarding the Real Cheap Sports Electronic Platforms and their contents.

All rights not expressly granted herein are hereby reserved.

EFFECTIVE DATE: January 14, 2012