Terms & Conditions
This website is operated by Pro:Direct Inc and its subsidiaries and affiliates (collectively, "us", "we" or " Pro:Direct Inc").
By accessing or using Pro:Direct Inc websites or services, or the mobile versions of either, (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law, whether or not you are a registered member of Pro:Direct Inc. Pro:Direct Inc may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.
Important Notice Regarding Claims and Agreement to Arbitrate
THESE TERMS OF USE CONTAIN CERTAIN DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY, AND INCLUDE A BINDING ARBITRATION PROVISION THAT REQUIRES MOST DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS. THE BINDING ARBITRATION PROVISION IMPACTS YOUR RIGHTS REGARDING THE RESOLUTION OF DISPUTES, AND IT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
ABOUT US
Pro-Direct is operated by Pro-Direct Sport, Inc. Pro-Direct Sport, Inc. is a company incorporated in Delaware. Our registered office is at 3515 Naturally Fresh Boulevard, Atlanta, Georgia 30349.
REGISTRATION
You will need to register with Pro-Direct to place an order for products through this Website. If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to cancel any transaction and/or terminate your use of the Website or your account.
If you are under 18, we ask that you get your parents or legal guardians’ permissions before completing your account registration. You must gain the bill payer’s permission before you place an order online. By continuing to use this Website and any of the services offered, you are confirming that you have received the consent of a parent or legal guardian.
INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content) is owned by Pro:Direct Inc or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of Pro:Direct Inc. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Pro:Direct Inc; All rights reserved.]
If you believe that any material contained in the Website infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement, which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to us at dpo@prodirectsport.net. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Website; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) 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 owner, its agent, or the law; (vi) 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.
You may upload material to Pro-Direct in the form of content, photos, and comments for the purposes of using the Website (“User Supplied Content”). When uploading content, you represent and warrant that you are exclusive owner of the content or have secured the necessary rights or permissions to submit the content. Ownership of the User Supplied Content shall remain exclusively with by the uploading party or original underlying owner thereof. By uploading any User Supplied Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, and worldwide license to host, use, reproduce, modify, perform, display, distribute, creative derivative works of, and otherwise disclose to third parties the User Supplied Content and any data or materials contained therein, in whole or in part, for any business purpose. By uploading User Supplied Content, you acknowledge and agree that other users may access and view such content for the purpose of utilizing the Website. You understand and acknowledge that you are responsible for any User Supplied Content you submit or contribute, and you bear full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Supplied Content posted by you or any other user of the Website.
This does not relate to personal data that you submit to us, details on how we process your personal information can be found in our Privacy Policy.
The Website may contain generally available means by which users can contact us, such as “Contact Us” forms. Please note that any personal or contact information that you may provide to us through such means will be governed by our Privacy Policy. Although we encourage visitors to contact us through our Website, please do not submit any information that you consider to be confidential or proprietary via such means. For the sake of avoiding any confusion or misunderstanding, please note that all information, ideas, suggestions, improvements or other communications you transmit to us via the Website shall be on a non-confidential basis and shall become the property of Pro-Direct Inc. Pro-Direct Inc. and those it authorizes shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.
We process information about you in accordance with our Privacy Policy. By using our Website you consent to such processing and you warrant that all data provided by you is accurate.
WEBSITE USAGE
You agree that you will only use our Website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. You may use the Website only for your own non-commercial use to participate in the Website or to place an order or purchase products from Pro-Direct Inc. You agree that you will not use this Website to implement software viruses, code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this Website. You further agree not to use this Website in any of the following ways:
- Use for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- Transmitting, or procuring the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- Impersonating or attempting to impersonate Pro-Direct, one of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- Use of a robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Through use of any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose;
- Use in an attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Use of the Website in any way that violates any contract or agreement between you and Pro-Direct.
You acknowledge that this Website and any goods that you obtain from our Website are provided for your personal use only and may not be commercially distributed without our permission.
Many of the product images displayed on Pro-Direct Websites and in advertisements and catalogues have been created by our own professional team of photographers, Pre- Order products may display the manufacturer sample, the final released product may have slight differences in terms of color or pattern. Once the final released product is received at Pro-Direct if we verify any significant differences to the sample the product will be re-shot and image changed on the Websites.
Product, price and related information on the Website is valid only for the dates and at the locations indicated. We strive to ensure that product and price information on the Website is up to date and accurate, but we cannot guarantee the accuracy of such information. We will address any inaccuracies as soon as we learn of them. In the rare case of a pricing error, the customer will be notified and charged the correct price. The inclusion of any products or services on the Website at a particular time does not guarantee availability, as inventory and product availability can vary.
Product information, packaging, and materials as depicted on the Website may vary from actual appearance. For information about a product, please read its actual label and/or product packaging and/or contact us for more information. We make reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
All orders placed on our Websites do not constitute a contract. All orders are subject to these Terms & Conditions and are subject to acceptance by Pro-Direct. When orders are placed on our Websites, we will send an order confirmation that the order request has been acknowledged, this email does not constitute acceptance of the order. Our acceptance of the order and the sale of the product is complete upon delivery of the order to the courier. Title and risk of loss for the purchased product(s) passes to you upon delivery of the order to the courier.
As part of the order confirmation process, we will request pre-authorization of payment from your card issuer, this will show as a pending transaction for the full value of the order. Payment is captured when we dispatch goods to you.
If you are purchasing a Pre-order Item, we will process a pre-authorization when the order is first placed but ask that you ensure you have adequate funds in your account at the time of shipping. The price paid does not include any local taxes for the US so please be aware that you may still be liable for import fees and local taxes.
If you are purchasing a personalized item, the payment will be taken before the item is sent for personalization.
By submitting your payment details to Pro-Direct Sport, you accept that we will collect funds at the time your order is shipped, Pro-Direct Sport will not accept liability for any charges applied by your card provider relating to the transaction.
Limited Editions - Please note that in the case of limited edition products, there may be extra restrictions such as limiting the number of products per customer. These extra restrictions will be made known to you via the Website when ordering.
Pro-Direct reserves the right to decline orders for bulk/high value purchases or the identification of a pricing or product description error. We reserve the right to change price and availability information without notice, as permitted by law.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay Later
- Slice It (Pay in 4)
Further information and Klarna's user terms can be found here. General information on Klarna is available here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
All orders placed through the Website are subject to Pro-Direct acceptance. This means that Pro-Direct may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Pro-Direct will issue you a refund.
Please be aware that not all of our products can be shipped to all destinations. This could be due to Brand restrictions or a restriction on the material or product itself. Please see our FAQ section for further information.
PDS does not import, import for sale, sell or ship products made with Kangaroo leather to purchasers in the State of California in accordance with state law. If a payment is inadvertently processed for sale or shipment of such a product to California, PDS reserves the right to credit your account for the amount charged without prior notice to you.
Pro-Direct Sport will endeavor to display availability as accurately as possible. If we are unable to supply the goods requested, we will aim to assist you in finding a suitable alternative which you are happy with, however, a difference may be required to be paid. If you do not wish for an alternative product, we will cancel the order and any pending transaction promptly, please be aware that funds may take several days to reallocate in your account.
Some items have very limited availability, very occasionally we may need to limit the amount supplied per customer to try to ensure that as many customers as possible can gain access to them.
CANCELLATION
Should you wish to cancel your order we require written notification via email or post. You may do this either before you receive your parcel, or it can be placed within the parcel upon its return in accordance with our return policy.
If goods have been dispatched, you will be expected to cover the cost of return or pay for the cost of retrieval if the courier hasn't yet delivered.
Any non-personalized cancelled items must be returned to us in resaleable condition, unused and complete with original packaging. When returning, please protect product packaging by using additional outer packaging to return.
We regret that we are unable to cancel orders for personalized items if the personalization process has begun.
PRE-ORDER ITEMS
If you are purchasing a Pre-order Item, we will process a pre-authorization when the order is first placed but ask that you ensure you have adequate funds in your account at the time of dispatch. Pre-order dates are provisional and we cannot be held responsible for any costs incurred for your time, or services paid for if there are delays or non-supply of product.
PERSONALIZED ITEMS, USER UPLOADED CONTENT AND CUSTOMIZATION REQUESTS
Generally:
If you are purchasing a personalized item, we will process a pre-authorization and collect payment when the order is first place. The payment will be taken before the item is sent for personalization not immediately before shipping.
Once an order containing personalized items has begun the personalization process it cannot be changed or cancelled. All personalized items cannot be returned unless an item has a genuine manufacturer’s fault.
Pro-Direct reserve the right to utilize our knowledge and expertise in positioning, sizing and the method of personalization and customization. Any images shown on our Website indicate only a rough guide as to how the finished item will appear.
By placing your order for personalized or customized items you agree that Pro-Direct will use the guidelines provided by you during the order placing process to determine an appropriate and suitable way to personalize or customize your order and you agree to accept the decisions made Pro-Direct make when using the guidelines provided by you.
Embroidered personalization options - Names are embroidered on the lateral (outer) side of the boots, while flags are embroidered on the medial (inner) side. If only a flag is requested, with no name personalization it will likewise be embroidered on the medial (inner) side
Names and flags are both heat pressed on the lateral (outer) side of the boots. If only a flag is requested, with no name personalization, it will likewise be pressed on the lateral (outer) side.
CLAIMS FOR NON ARRIVAL OF ORDER/RETURN
You will be provided a with delivery date estimation during checkout. Please note that any dates shown are estimates only and do not constitute guarantees. You may need to allow extra time for your order to arrive if it has not arrived before the estimated delivery date. Pro:Direct uses reputable and reliable carriers who will allow you to track your order so you will be able to follow its progress and see when delivery is likely to take place and carriers may deliver to a safe place. To keep an eye on your order, once this has been dispatched you will be sent an e-mail of the tracking information. Please note that if you select a ‘Standard’ delivery service your parcel will be sent through the postal network and in the US claims for non-arrival of orders will not be investigated until 10 days have elapsed since the parcel was dispatched.
Valid claims of non-receipt are extremely rare and we will always make sure that we do the right thing to minimise any inconvenience caused by any delays in transit. You should contact our customer service team as early as possible if you have any concerns about your delivery. If our carrier has scanned your parcel as delivered to you but you have not received it, or if your return is showing as scanned delivered to us but we have not yet processed it, please contact our customer service team. You will be required to allow us 21 business days from our acknowledgement of your claim to investigate all such claims. You will also need to fully co-operate in the investigation and provide us with all documentation that we request during the process. Failure to do so will result in a failed claim.
Regrettably online retailers are often targeted by criminals engaging in fraudulent activities and theft which focus on bogus claims of non-receipt of delivery or return (e.g. theft made through so called ‘SE” or “Social Engineering’ techniques, DNA/LIT/MI scams, fraudulent EB/PEB claims, FTID returns and digitally altered POPs). Crimes of this nature are very damaging to retailers and genuine consumers alike.
Pro:Direct is acutely aware of the techniques employed by these criminals and as a result our investigation process is very thorough. As part of the process you may be required to provide some or all of the following:
• A signed and witnessed declaration indicating that you have not received your items in spite of the carrier’s indication that they have safely delivered it
• Proof of address
• A Federal report detailing the fact that your order was stolen from your property
• A face to face meeting with the carrier who delivered your parcel
• In the case of a return - proof of postage that will be passed to the carrier for verification that it has not been altered
No claims of “non-delivery” or returns claims will be exempt from investigation. Investigations will be executed as swiftly as possible; however, 10 working days is required to allow the retrieval/review of CCTV footage (from our own warehouse, local Post Offices, carrier depots and delivery driver dash cams/PDAs etc) and the completion/review of all relevant documentation.
Where the investigation concludes that an attempt to defraud the company has taken place, it is Pro:Direct’s policy to refer such cases for prosecution and all evidence collected will then be passed to the relevant authorities. We operate a zero tolerance to such criminal activity and are committed to protecting ourselves, our fellow online retailers and our customers from the increased costs that are associated with becoming a victim of these crimes
RETURNS POLICY
All goods supplied by Pro:Direct are from official sources and are covered by the normal Retailers warranty. You can return any item within 28 days of receipt for a refund. We cannot accept personalized items back unless they are faulty.
If you are returning your item back to us within 28 days (non-faulty) of the purchase date where you no longer require this item, you can use our returns portal if you wish to generate your label. A couple of options will display in the portal. You can choose your own carrier or you can pay to create a label and return back via USPS.
https://prodirectsportus.returns.international/lite
Please send the (non-faulty) goods back in their original packaging with a courier of your choice. We cannot accept COD’s or packages marked "Bill Recipient". Please keep the receipt or tracking number of your returned package in the event it is delayed or lost in transit. We strongly suggest you use a recorded method of carriage to return the goods to us (check which is appropriate with the carrier). We cannot be held responsible for items lost or delayed in transit on the way back to us. If you are sending the cleats back please make sure that the box is well secured (with no stickers, tape or writing) Please use an external postal bag, or a bigger outer packaging as we will not be accepting the return if the box is damaged.
If you have a fault with your order- please send us some pictures to us.customer.service@prodirectsport.com of the damage and we will see if we can process your claim without receiving the item back. Please note that we are not always able to process claims of faulty goods using images alone.
*Please note if your parcel has been personalized or worn outside we are unable to offer a refund however if you require further assistance please contact our team at us.customer.service@prodirectsport.com.
Our Returns Address:
PRO DIRECT SPORT INC C/O UNIPART RETURNS
3515 Naturally Fresh Blvd, Suite 520, Door 80, College Park, Atlanta, GA, 30349, United States
We endeavour to deal with returns within 7-10 working days of receiving your parcel, however it may take longer during busy periods (September, December and January).
We strongly suggest that you use a tracked delivery service to return the goods to us (check which is appropriate with the carrier). We cannot be held responsible for items lost or delayed in transit on the way back to us
Personalised items - we will only accept personalised items for return of the personalisation is incorrect from the receipt of order or if the item is faulty. If an item is incorrectly personalised and the item is used and not returned in new condition, Pro:Direct reserves the right to refuse the item based on the fact that by wearing or using the item, the customer has accepted the product. If an order has been personalised with Hero ID, we may be able to make an exception, please contact us.customer.service@prodirectsport.com for further assistance.
ARBITRATION
THIS SECTION CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ THE FOLLOWING SECTION CAREFULLY, AS IT PROVIDES THAT ANY CLAIM RELATING TO THIS AGREEMENT, THE WEBSITE, YOUR ACCOUNT, OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER YOU NOR PRO-DIRECT WILL HAVE THE RIGHT TO LITIGATE CLAIMS IN COURT. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED, BUT THE ARBITRATOR CAN AWARD DAMAGES AND RELIEF AS PERMITTED UNDER THESE TERMS.
To the fullest extent permitted by law, any dispute, cause of action, claim or controversy arising out of or relating to this Agreement, the Website, your account, the validity and enforcement of this provision, and the determination of the scope or applicability of this Agreement to arbitrate (referred to in this section as a “Dispute”) that can be subject to arbitration, shall be resolved exclusively pursuant to the process and arbitration clause set out in this section. Any arbitration between you and Pro-Direct shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, to the extent that those rules do not conflict with this provision. You may obtain a copy of these rules by contacting JAMS at 1-800-352-5267, by writing to JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018 or online at www.jamsadr.com or www.jamsinternational.com/.
ANY CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND PRO-DIRECT ARE PROHIBITED FROM JOINING OR CONSOLIDATING CLAIMS IN ARBITRATION BY OR AGAINST OTHERS UNLESS BOTH YOU AND PRO-DIRECT AGREE OTHERWISE IN WRITING, AND YOU AND PRO-DIRECT ARE PROHIBITED FROM ARBITRATING ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. BY ENTERING INTO THESE TERMS, YOU AND PRO-DIRECT ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
LINKS
Pro-Direct may provide links to websites owned by Pro-Direct and associated third parties that may not relate to Pro-Direct. All links are provided on our sites are for your convenience only. Access to websites that are owned by third parties is at your own risk and Pro-Direct is not responsible or liable for such third-party websites.
PUBLISHED ACTIVITY
Pro-Direct allows you the option to publish your actions on Pro-Direct Website to social media platforms. Pro-Direct does not control which information gets disseminated on participating social platforms. You agree to allow Pro-Direct to check your Pro-Direct cookies when you are visiting participating social platforms and allow Pro-Direct to receive information about your use of those social platforms. You can deactivate this publishing feature on your social media profile.
LIABILITY
Pro-Direct will endeavor to ensure that this Website is continuously fully operational. However, we cannot guarantee that the Website will be fault free. Access to this Website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out for the introduction of new facilities or services.
By using this Website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Pro-Direct and if Pro-Direct is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a force majeure and Pro-Direct shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term force majeure shall be deemed to include any cause affecting the performance by Pro-Direct of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Pro-Direct and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
INDEMNIFICATION
You agree to indemnify, defend and hold Pro-Direct, all of their associate companies, their directors, employees, information providers, licensor and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any negligent acts, omissions or intentional wrongdoing by you. You will co-operate as fully as reasonably required by Pro-Direct as the case may be, in defense of any claim. Pro-Direct reserves the right, at their own expense, to assume the exclusive defense and control of any matter and you shall not, in any event, settle any matter without the written consent of Pro-Direct.
DISCLAIMER; LIMITATION OF LIABILITY
PRO-DIRECT IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT OR OTHER CONTENT POSTED ON THE WEBSITE OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE WEBSITE. THE WEBSITE, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PRO-DIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. PRO-DIRECT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. PRO-DIRECT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, PRO-DIRECT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT (INCLUDING ANY MOBILE CLIENT) AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. PRO-DIRECT RESERVES THE RIGHT TO CHANGE ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NONE OF PRO-DIRECT NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF PRO-DIRECT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY PLANET FITNESS’S GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL PRO-DIRECT ACCEPT LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
We have the right to amend, remove or vary our services and/or any part of the Website (including our T&Cs) at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, if we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email, if possible. Use by you of the Website following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.
CONTACT US
If you have any comments, complaints or questions about our Website or any of the products supplied to you, please let us know by:
• Filling in the form on the Contact Us page
• Emailing - us.customer.service@prodirectsport.com
• Write to us at:
3515 Naturally Fresh Boulevard, Atlanta, Georgia 30349.
WEBSITE USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the website or to place an order or purchase products from Pro-Direct Sport, Inc. Any other use is prohibited unless agreed to by Pro-Direct Sport, Inc in writing.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.
You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Website, including user-generated content, without the prior written consent of Pro-Direct Sport, Inc, unless it is your own user-generated content that you legally submitted on the Website.
You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
FRAUD PREVENTION
To help prevent credit/debit card fraud, we may request additional information should we have any concerns with your order. This additional information would be proof of billing address or simply a conversation with you, so we can discuss our concerns.
Pro-Direct will never cancel or not accept an order without liaising with the customer unless we are certain the order was not genuinely placed by the cardholder.
If you have any concerns/questions regarding our fraud processes, or you are in law enforcement and require information regarding a specific transaction, please contact us.customer.service@prodirectsport.com and a member of our Business Protection team shall be in contact.
TERMINATION
We reserve the right to suspend your use of the Websites at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Websites and/or your account with us with immediate effect if you breach any of these Terms.
Date of last revision: June 2021