AllstarsPlus

Defining the Complete Sports Experience

#1 in Sports Art and Memorabilia

General Terms and Conditions

1. This Agreement sets forth the terms and conditions ("Terms") which apply to your use of this site and which are offered to you by Andrew L. Lang dba AllstarsPlus.com which is hereinafter referred to as "AllstarsPlus.com". By using this site, you agree to the Terms of this Agreement. If you do not agree to be bound by this Agreement, please discontinue your use of this web site.

2. These Terms are entered into by and between you and Andrew L. Lang dba AllstarsPlus.com, a sole proprietorship in the State of Virginia. In consideration of your use of and access to AllstarsPlus.com, and the promises and obligations herein, and intending to be legally bound, you and AllstarsPlus.com hereby agree as follows:

3. You are eighteen (18) years of age at the time of your purchase.

4. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of AllstarsPlus.com and your purchase of items on AllstarsPlus.com.

5. Your access to and use of AllstarsPlus.com is subject to these Terms, any modifications issued by AllstarsPlus.com to these Terms, and all laws, statutes, ordinances and regulations.

Section II

1. Conflict of Terms

AllstarsPlus.com provides collectible products, autographs, Art, and services for sale and provides information about these products and services. These Terms and the information provided in AllstarsPlus.com do not override the terms and conditions of your purchase of any product or service unless specifically provided herein. To the extent any area within AllstarsPlus.com contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Terms and Conditions Changes

AllstarsPlus.com may for any reason, at any time and without prior notice, either change the Terms or add new terms and conditions with regards to access to or use of AllstarsPlus.com. All products are subject to prior sale due to limited availability. Such changes and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the changed or additional terms and conditions on AllstarsPlus.com. You are responsible for reviewing AllstarsPlus.com periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by AllstarsPlus.com to these Terms. No modification to these Terms by any party other than AllstarsPlus.com shall be valid or enforceable against AllstarsPlus.com unless expressly agreed to by AllstarsPlus.com in writing signed by an authorized officer of AllstarsPlus.com.

3. Infringement Policy

AllstarsPlus.com, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your access and usage of AllstarsPlus.com, if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. AllstarsPlus.com, accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), AllstarsPlus.com, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

By E-mail: Andrew Lang
President/Owner
By E-mail: info@AllstarsPlus.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.

Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

4. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on AllstarsPlus.com, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, misquotes, unreliable measurements or typographical errors or may be out of date. AllstarsPlus.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on AllstarsPlus.com in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by AllstarsPlus.com or by third parties that have licensed their use to AllstarsPlus.com. You may view and use the Content only for your personal information and for shopping and ordering on AllstarsPlus.com, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, AllstarsPlus.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through AllstarsPlus.com, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by AllstarsPlus.com, is strictly prohibited.

5. Links and Logos

AllstarsPlus.com provides, or third parties (including AllstarsPlus.com’s vendors) may provide, links and logos or advertising to other internet sites or resources. Because AllstarsPlus.com has no control over such sites and resources, you acknowledge and agree that AllstarsPlus.com is not responsible for the availability of such external sites or resources, and does not endorse, sponsor, approve nor is responsible or liable for any content, security, policies, practices, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AllstarsPlus.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Links and logos to other sites are provided for your convenience only, and you access them at your own risk. Not all logos of companies provided guarantee that products or merchandise from those companies are currently available or will be available for sale.

6. Orders and Pricing

All prices displayed on AllstarsPlus.com are quoted in U.S. dollars. AllstarsPlus.com may restrict delivery to addresses within the United States and Canada. AllstarsPlus.com will add shipping and handling fees and applicable sales/use tax within the State of Virginia. Any sales and use tax not charged by AllstarsPlus.com becomes the responsibility of the purchaser for payment. Measurements of dimensions provided are approximate and quoted in inches. Retail prices quoted are compiled from different 3rd party sources and some are self-generated by AllstarsPlus.com. AllstarsPlus.com makes no representation or warranty with respect to retail prices quoted or to exact measurements. AllstarsPlus.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on AllstarsPlus.com without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on AllstarsPlus.com do not imply endorsement of that product or service, or constitute a warranty, by AllstarsPlus.com. The receipt by you of an order confirmation does not constitute AllstarsPlus.com's acceptance of an order. Prior to AllstarsPlus.com's acceptance of an order, verification of information may be required. AllstarsPlus.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from AllstarsPlus.com, for any reason. AllstarsPlus.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, AllstarsPlus.com shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AllstarsPlus.com shall promptly issue a credit to your credit card account in the amount of the incorrect price.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Your use of AllstarsPlus.com is at your sole risk. The service provided is "as is" and "as available". AllstarsPlus.com expressly disclaims all warranties of any kind, whether express or implied, with respect to AllstarsPlus.com or any linked sites or logos, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement;

AllstarsPlus.com makes no warranty that (i) AllstarsPlus.com or the services it provides will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected;

AllstarsPlus.com makes no representation or warranty with respect to any product or service sold. All products sold are solely subject to the applicable warranties and representations of their respective manufacturers;

Any material downloaded or otherwise obtained through the access or use of AllstarsPlus.com is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system of loss of data that results from the download of any such material;

AllstarsPlus.com makes no warrant or representation that AllstarsPlus.com or any linked site is free of computer viruses or other harmful components;

No advice or information, whether oral or written, obtained from AllstarsPlus.com shall create any warranty or representation.

Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusions of implied warranties.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AllstarsPlus.com, ITS VENDORS OR THEIR RESPECTIVE , OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF AllstarsPlus.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO ACCESS OR USE AllstarsPlus.com; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY CLAIM OR ACTION ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON AllstarsPlus.com. IN NO EVENT SHALL AllstarsPlus.com's LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM OR (vi) ANY OTHER MATTER RELATING TO THE ACCESS OR USE OF AllstarsPlus.com.

9. Termination

These Terms are effective until terminated by AllstarsPlus.com, and may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access AllstarsPlus.com, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. AllstarsPlus.com shall have the right without notice and at any time to terminate AllstarsPlus.com or any portion thereof, or any products or services offered through AllstarsPlus.com, or to terminate any individual's right to access or use AllstarsPlus.com or any portion thereof.

10. Return Policy

To ensure your satisfaction and uphold our mission of offering quality products at honest values, you may return most merchandise to AllstarsPlus.com for exchange within 5 days of receipt (unless otherwise stated), and we will deduct a 15% restocking fee from the your refund. If any merchandise is returned altered or damaged then no refund will be issued.

Merchandise should be returned to AllstarsPlus.com in its original carton/packaging with a copy of the invoice received with the merchandise and should be shipped via UPS. Please be sure to insure the package for your protection.

We will make every effort to process merchandise received for return or exchange within 10 business days. Refunds on check orders will be issued by check and mailed within 15 business days of posted return. Refunds on credit card orders will be issued back to the credit card. Please allow 1 - 2 billing cycles for the refund to appear on your statement.

11. Indemnification

You agree to defend, indemnify, and hold harmless AllstarsPlus.com and its subsidiaries, affiliates, owners, shareholders, directors, officers, agents and employees, AllstarsPlus.com's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, demands, causes of action, losses, damages, liabilities, expenses and costs including but not limited to reasonable attorneys' and expert fees as well as court costs, arising in law or equity, which may be asserted alleging or arising out of your breach of these Terms or your access to or use of AllstarsPlus.com. The foregoing indemnification obligation shall survive termination of these Terms, AllstarsPlus.com and any product or service provided to you arising out of or relating to your use of AllstarsPlus.com.

12. Submissions

Except as otherwise expressly provided herein or in the AllstarsPlus.com Privacy Statement posted on AllstarsPlus.com, any communication or material you transmit to AllstarsPlus.com by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by AllstarsPlus.com, AllstarsPlus.com vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, AllstarsPlus.com, AllstarsPlus.com’s vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to AllstarsPlus.com for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

13. Entire Agreement/Modifications

This Agreement, together with any addenda hereto, constitutes the entire agreement of the parties with respect to the subject matter hereto and cancels and supersedes all previous or contemporaneous contracts, representations, warranties and understandings by, between or among the parties, written or oral, with respect to the subject matter hereof. This Agreement may not be changed, amended or modified orally, but only by a written instrument executed by the parties that states that it is an amendment or addendum to this Agreement. Modifications, amendments or other written consents must be signed by an owner of AllstarsPlus.com.

14. Waiver

A waiver of any term, covenant or condition in this Agreement shall not be deemed a waiver of any other term, covenant, or condition, and any waiver of any breach or default in or of any term, covenant, or condition shall not be deemed a waiver of a later breach or default thereof.

15. Descriptive Headings

The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.

16. Governing Law, Jurisdiction, and Venue

Access to or use of AllstarsPlus.com shall not be construed as AllstarsPlus.com's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than Virginia. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia. You agree that any conflict of law rule that might require reference to the laws of some jurisdiction other than Virginia shall be disregarded. You hereby agree for yourself and your properties that the courts sitting in Loudoun County, Virginia, shall have sole and exclusive jurisdiction and venue over any matter arising out of this Agreement and hereby submits yourself and its property to the venue and jurisdiction of such courts.

17. NO JURY TRIAL

YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH AllstarsPlus.com.

18. Invalid Provision

If any provision of these Terms shall be determined to be invalid or unenforceable, the Terms shall be deemed amended to delete such provision or such provision shall be modified to the extent necessary to make it enforceable and the remainder of the Terms shall be enforceable.

19. Force Majeure

AllstarsPlus.com shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
home | about us | contact us | general terms and conditions | privacy statement