Terms & Conditions

Welcome to Capital-Athletics.com (the “Site”), which is provided by Capital Athletics, LLC. (“Capital Athletics,” “we,” or “us”). This Site is provided to our valued customers (“you”) to learn about and quickly purchase athletic apparel (our “Products”). The following terms and conditions governs your access to and use of the Site, including any content, functionality, and services offered on or through the Site. Please read the Terms and Conditions (“Terms of Use”) carefully before you start using the Site. By using the Site, you accept and agree to be bound and abide to these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use and Privacy Policy, you must not access or use the Site.
In the event you are accessing our Site on behalf of an organization, company, or other legal entity (your “Organization”) the term “you” will also include your Organization. In such case, you represent that all information you provide to us on behalf of the Organization is, true, accurate and complete. THIS SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OR OLDER AND RESIDING IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS. BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL THE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

Changes to Terms
We may revise and update these Terms of Use from time to time in our sole discretion. As we improve our Products or improve the features or functions we offer on this Site, we may need to update these Terms to add new terms that are relevant to such improvements. In the event we do make changes, the revised version of these Terms will be effective immediately upon posting such a revised version of these Terms or other notice on the Site. However, any changes to the dispute resolution provision set forth below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. You should frequently review these Terms because your continued use of the Site after posting of a revised version signifies your consent such new Terms.

Use of the Site
The purpose of the Site is to enable you to learn more about us and our Products, and to purchase or return our Products. Provided you comply with these Terms, our Privacy Policy, and our Shipping & Returns policy (collectively, the “Capital Athletics Policies”), we grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access and use the Site to learn about and purchase our Products. In order to do this, you may need to first create an account (“Account”). Any other access to or use of the Site or the Content (defined below) constitutes a violation of these Terms.
We reserve the right to withdraw or amend this Site, and any services or materials we provide on the Site in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or part of the Site, or the entire Site, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use.

No business or professional relationship is created in connection with any provision of the Content. When you create an Account, we will collect certain information from you, which may include your payment information. To learn how we collect, store, use and share your information, please read our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference.
We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. If you choose, or are provided, with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You must not provide any person with access to this Site or portions of it using your name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other security information. Capital Athletics cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
You must be 18 years or older to register for an Account and make purchases. You may never use another person’s Account without permission. We reserve the right to terminate your Account, cancel any order, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content.

Electronic Communications
When you use the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Site, or through other electronic means. You agree to receive such electronic communications from us and will continue to receive them until you unsubscribe from such communications. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.

Privacy Policy
Information that you provide or that we collect about you and your Organization, in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.

Security
We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.

Content
You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.

United States Only
By using the Site, you agree and acknowledge that it is hosted in the United States. If you are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing Personal Information collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Site, which is governed by U.S. law, these Terms, and the Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the Commonwealth of Massachusetts with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the Commonwealth of Massachusetts, and (c) the exclusive jurisdiction of the courts of the United States and the Commonwealth of Massachusetts.

Trademark
All Capital Athletics brands are trademarks of Capital Athletics, LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of the Capital Athletics or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names and logos displayed on the Site are the property of their respective owners.

Copyright Agent
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Site or by Capital Athletics, please provide written notice to Capital Athletics’ designated agent for notice of claims of copyright infringement using the contact form provided here and selecting the “DMCA violations” option, or by sending an email to info@capital-athletics.com.
Your written notice must:

  • contain your physical or electronic signature;
  • identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;
  • contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address);
  • contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
  • contain a statement that the information in the written notice is accurate.

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

Links
For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only and or provide a service you wish to purchase. However, we do not control nor endorse such websites even if our name appears on the third party website, and we are not responsible for their content, the reliability of usage of the site, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms of Use policy applies only to this Site (Capital-Athletics.com) and the products and services we offer. If you decide to access any of the third party sites linked to this Site, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link or deep-link to this Site without our written permission. If you are interested in linking to this Site, please contact us at info@capital-athletics.com.

No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

No Warranties
THE SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH WE EXPRESSLY DISCLAIMS. WE NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT OR THIRD PARTY WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY US. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY US. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF CAPITAL ATHLETICS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF CAPITAL ATHLETICS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, CAPITAL ATHLETICS AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Indemnification
You agree to indemnify, defend and hold Capital Athletics, and the officers, directors, employees and agents of Capital Athletics, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), your access to and use of the Content, the Site and other materials, products and services available on or through the Site and Capital Athletics, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

Advertisers
The Site may contain advertising. Advertisers are responsible for ensuring that material submitted for on the Website is accurate and complies with applicable laws. We are not responsible for the illegality of or any error or inaccuracy in advertisers’ materials or for the acts of advertisers in fulfilling their services or products.

Governing Law, Location and Miscellaneous
These Terms of Use are governed in all respects by the laws of the State of Virginia, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

Waiver and Severability
No waiver of by us or any terms or conditions set forth in these Terms of Use shall be deemed a further or continuing waiver of such terms or conditions or a waiver of any other terms or provisions, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such rights or provisions.
If any of these Terms of Use is held y a court or other competent legal authority to be invalid, illegal or unenforceable for any reasons, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
These Terms and the Privacy Policy and our Shipping & Return policy (as each may be revised and amended at any time and from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site, the Content and any other materials, products and services available on or through the Site or through Capital Athletics. Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Ministry of Supply’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and Capital Athletics may assign its rights and duties under these Terms at any time to any third-party without notice. You may not assign these Terms without our prior written consent. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws or these Terms.

Questions Regarding the Site or these Terms
Please contact us with any questions regarding the Site or these Terms by e-mail at info@capital-athletics.com.

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