TERMS OF SERVICE

Welcome to deafathletic.com (the "Website"). Please read these Terms of Service ("Terms") carefully before using our Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.

1. General

1.1. About Us: deafathletic.com is an e-commerce website operated by DEAF Athletic, LLC, located in Charlevoix, Michigan, USA. You can contact us at defyyourquiet@deafathletic.com or 231-412-0672.

1.2. Use of the Website: You may use the Website only for lawful purposes and in accordance with these Terms.

1.3. Modification of Terms: We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Website. Your continued use of the Website after the posting of changes constitutes your acceptance of the new Terms.

2. Products and Orders

2.1. Product Information: We strive to provide accurate and up-to-date information about our products on the Website. However, we do not warrant that product descriptions, images, prices, or other content are accurate, complete, reliable, current, or error-free.

2.2. Availability: All products are subject to availability. We reserve the right to limit the quantities of any products we offer.

2.3. Pricing: Prices for our products are subject to change without notice. We are not responsible for typographical errors regarding price.

2.4. Orders:

* When you place an order, it is an offer to purchase products from us.

* We may accept or reject your order for any reason, including, without limitation, the unavailability of a product, errors in pricing or product information, or problems identified by our credit and fraud avoidance department.

* If we reject your order, we will notify you and refund any payment you have made.

* Order confirmation emails are automatically generated and do not guarantee product availability.

2.5. Payment:

* You agree to pay the full price for any products you purchase, including all applicable taxes and shipping fees.

* Accepted payment methods are available on the Checkout page.

* You represent and warrant that you are authorized to use the payment method you provide.

2.6. Shipping and Delivery:

* We will ship the products to the shipping address you provide.

* Shipping times and costs vary depending on your location and the shipping method you choose. See our Shipping Policy for more details.

* We are not responsible for delays in shipping caused by events outside of our control, such as carrier delays or natural disasters.

2.7. Cancellations and Modifications: You may be able to cancel or modify your order within a certain timeframe. Please refer to our Cancellation Policy for details.

3. Returns and Refunds

3.1. Return Policy: We accept returns of eligible products in accordance with our Return Policy. Please review our Return Policy for details on eligibility, procedures, and timeframes.

3.2. Refunds: Refunds will be processed in accordance with our Refund Policy. Typically, refunds are issued to the original payment method.

4. User Accounts

4.1. Account Creation: You may be required to create an account to access certain features of the Website, such as placing orders.

4.2. Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to your account.

4.3. Account Termination: We reserve the right to suspend or terminate your account at any time, for any reason, without notice.

5. Intellectual Property

5.1. Ownership: The Website and its content, including but not limited to text, graphics, logos, images, and software, are owned by DEAF Athletic, LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use.

5.3. Restrictions: You may not:

* Modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content from the Website without our prior written consent.

* Use any data mining, robots, or similar data gathering or extraction methods on the Website.

* Use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website.

6. User Content

6.1. User-Generated Content: You may be able to post reviews, comments, or other content on the Website ("User Content").

6.2. Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you have the right to post your User Content and that it does not violate any third party's rights, including intellectual property rights, privacy rights, or publicity rights.

6.3. Our Rights Regarding User Content: We have the right, but not the obligation, to monitor, edit, or remove any User Content that we deem to be inappropriate, offensive, unlawful, or in violation of these Terms.

6.4. License to User Content: By posting User Content on the Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in any media.

7. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEAF ATHLETIC, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR THE PRODUCTS PURCHASED FROM THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THE PRODUCTS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS IN QUESTION.

9. Indemnification

You agree to indemnify, defend, and hold harmless DEAF Athletic, LLC its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website, your User Content, or your breach of these Terms.

10. Governing Law and Dispute Resolution

10.1. Governing Law: These Terms and any disputes arising out of or relating to these Terms or the Website shall be governed by and construed in accordance with the laws of Michigan and the federal laws of the United States of America, without regard to its conflict of laws principles.

10.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The venue for any such arbitration shall be in Charlevoix, Michigan, USA. You agree to waive your right to a jury trial.

11. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

13. Entire Agreement

These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, and any other policies or guidelines posted on the Website, constitute the entire agreement between you and [Your Company Name] relating to your use of the Website and the purchase of products from the Website.

14. Contact Us

If you have any questions about these Terms, please contact us at:

DEAF Athletic, LLC

defyyourquiet@deafathletic.com

231-412-0672

Last Updated: May 15, 2025