These Terms of Use ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Executive Board Sports, LLC dba APEALZ, a Hawaii limited liability company (referred to as "us", "we", "our", or "APEALZ" as the context may require).
The APEALZ website at: apealz.com and all its webpages (the "Website" or "Site") through its various functions allows users to design and upload original artwork and/or personal images for the purpose of creating customized skins and stickers, which can be affixed to other items ("Products"). In addition to the sale of Products, the Website from time to time offers related products, services, and events, such as design contests ("Services").
In order to fully utilize many of the various functions on the Website and access certain Services you must first register and create an apealz.com user account (“Account”). In the event you do not register and create an Account, you shall still be bound to relevant terms or policies by the use our Site and its services, such as when you purchase our Products, then our shipping and return policies shall apply to your purchase.
By registering and creating an Account, you are acknowledging, accepting, and agreeing to bound by this Agreement. If you do not agree to abide by this agreement, or to any future amendments or modifications that APEALZ may make to this Agreement, then do not use or access or continue to use or access the Services or the Website.
You must be eligible to register and create an Account. By registering and creating an Account, you represent and warrant the following is true:
1.1. You are at least 18 years of age or of legal capacity to enter into a legally enforceable agreement.
1.2. You are not prohibited from accessing or using apealz.com or any of its content by applicable law.
1.3. In addition, by You using our Website, Services, features and functions, and ordering Products you agree to abide by all applicable terms and policies that govern your interactions and usage. These applicable terms and policies can be found on various webpages throughout the Website with headings or labels provided for convenience purposes. Please take time to review those terms and policies that apply to your use or transaction while visiting, interacting, or using our Website, Services, features and functions, and ordering of Products. Each of these terms and policies are incorporated by reference and each of which may be updated by APEALZ from time to time without notice to you.
2.1. In order to create an Account, you need to meet the eligibility requirements in section 1.
2.2. By registering for an Account and providing us certain requested for information during the registration process you represent and warrant to us that all information is true and accurate. If any false or inaccurate information is provided by you during the registration process, we may terminate your Account, suspend, or limit your access to the Website, or take legal action against you.
2.3. To complete your registration for your Account you must provide your first name, last name, email, address, including city, state, country, and zip code, and a password. Additionally, you must check the box stating that you accept the terms of this Agreement.
2.4. You are responsible for maintaining the confidentiality of your password along with your Account. The user is responsible for all activities that occur under your password or Account. It is important for you to protect against unauthorized access to your device. Be sure to log off when you finish using a shared device.
2.5. You agree to:
2.5.1. immediately notify APEALZ of any unauthorized use of your Account or any other breach of security; and
2.5.2. ensure that you exit or logout from your Account at the end of each session or take security measures to protect from any theft, loss, or unauthorized access and use of your Account. APEALZ cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
For more information about our Privacy Policy, please refer to the Privacy Policy on the Site.
For more information about our Acceptable Use and IP Policy, please refer to the Acceptable Use and IP Policy on the Site which is incorporated into this Agreement.
We respect the intellectual property rights of creators and authors. Therefore, we expect our users to as well.
You agree you shall be solely responsible for all artwork, assets, audio clips, data, designs, digital images, drawings, elements, graphics, images, information, metadata, photographs, product specifications, sketches, stitch files and text, or any combination of the above (“Content”) that they upload to the Site. Users represent and warrant that they have all necessary rights to the Content and are not infringing or violating any third party’s rights by submitting it to APEALZ.
APEALZ shall have the sole discretion to approve or deny Content submitted on the Website. APEALZ shall remove or takedown any content that infringes upon the rights of a lawful intellectual property owner or holder according to our Acceptable Use and IP Policy.
By posting Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the APEALZ an non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, duplicate, print or otherwise imprint on media, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose relating to the performance of the Company Services, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels for the purpose of performing the Company Services. By uploading your Content, you hereby warrant that your Content is free of any digital rights management, including any software designed to limit the number of times the Content may be copied or played. APEALZ does not assert any ownership over your Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Content and any intellectual property rights, or other proprietary rights associated with your Content.
In addition to the terms and conditions in this Agreement, any contests, sweepstakes, surveys, games, programs, features, or similar promotions (collectively, "Promotions") made available through the Website may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those terms and rules as specific to the Promotion which are participating. These specific Promotion-based terms and rules may vary from the terms and conditions in this Agreement.
We ask you to please review any specific terms and rules applicable to a particular Promotion, which will be linked from such Promotion, and to review all applicable policies, including the Privacy Policy and Acceptable Use and IP Policies, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such Promotion shall control.
8.1. In using this Site, you understand that there are appropriate and accept uses of its functions and our Services. You agree not to use this Site, its functions, or our Services to take actions that are harmful or damaging to Us, the Site, the users, or third parties. You agree to follow the Acceptable Use & IP Policies provisions that outline what actions are not acceptable for you as a user when using our Site and its Services.
8.2. Due to the nature of how websites, the Internet, and technology functions, including our Site, therefore when you take certain actions you will be responsible for them. By using the Site, you hereby acknowledge and agree that:
8.2.1. You are responsible for the creation and compilation of your Content, and that neither APEALZ nor any other party involved with the production of any Product incorporating such Content assumes that responsibility. APEALZ's production of any Product depicting your Content does not indicate that APEALZ approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
8.2.2. APEALZ may preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage, or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connection networks or devices; and (iii) fixes to improve the functionality of the Site.
8.2.3. You are responsible for actions and communications undertaken under your Account. APEALZ takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against APEALZ and its affiliates, contractors, agents and employees for losses, damages and injuries that are based on or relate to your communications or Content on the Site. You agree to indemnify APEALZ and its affiliates from all claims and expenses, including reasonable attorneys' fees, which claims are based on or arise from your violation of any of the provisions of this Agreement except with respect to APEALZ's own negligence.
8.2.4. Your use of this Site and of any Products ordered, for purchase on this Site must: be in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not harm or violate the rights of any person or entity.
8.2.5. APEALZ does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and APEALZ expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, APEALZ and its designees shall have the right to remove, without prior notice, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to APEALZ. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
8.2.6. You will not use any Product distributed and/or ordered from the Site in a way that would be damaging to APEALZ's public reputation or that of its employees, managers, members, licensors, partners, affiliates, or agents. Additionally, you acknowledge that if you choose to display any Product ordered from APEALZ, in a public setting, including on the Internet or social media, in a way which disparages, defames, or injures APEALZ, APEALZ's employees, managers, members, licensors, partners, affiliates, or agents, then APEALZ reserves the right to pursue all recourses and remedies available under the law.
8.2.7. The Website may provide, or third parties may provide, links to other websites or resources. You are responsible for clicking on such links or visiting other websites or using such resources from those links or websites. Because APEALZ has no control of such sites and resources, you acknowledge and agree that APEALZ is not responsible for the availability of such sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources. APEALZ is not 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.
9.1. For Users that will be making using of the Design Shop Function, you must agree to the Design Shop Terms listed separately on the Site.
10.1. For information regarding Products and ordering them, please refer to Product Ordering section below.
10.2 For information regarding Shipping and Returns, please refer to Shipping and Returns on the Site.
11.1. Our Site and its functions, including the Services are all provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, APEALZ, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. APEALZ does not warrant that your use of the Site and its Services will be uninterrupted or error-free. APEALZ does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Site and its Services necessarily involves transmission of your data over networks that APEALZ does not own, operate, or control, and that APEALZ is not responsible for any of your data lost, altered, intercepted or stored across such networks. APEALZ will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside APEALZ’s reasonable control.
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the fees or payments paid by you to APEALZ during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled User Conduct and Responsibility.
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled User Conduct and Responsibility.
These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.
You agree to defend, indemnify and hold APEALZ and APEALZ's members, managers, employees, affiliates, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party, except with respect to judgments, awards, losses, liabilities, costs and expenses arising out of APEALZ's own negligence.
Your privacy is very important to APEALZ. Users of this Website should refer to our Privacy Policy for information about how APEALZ collects and uses personal information. By accepting this Agreement, you expressly consent to APEALZ's disclosure and use of your personal information as described in the Privacy Policy.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or acts of cyberterrorism or hacking or telecommunication breakdown or power outage.
The Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Hawaii.
17.1. YOU AND APEALZ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
17.2. The arbitration will be administered by the Dispute Prevention & Resolution, Inc., a Hawaii corporation ("DPR") in accordance with the Rules, Procedures and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect (the "DPR Rules"). The Federal Arbitration Act shall govern the interpretation and enforcement of this section.
The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer's arbitration fees/If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
17.3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
17.4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR APEALZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section 18 is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of APEALZ.
This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.
21.1. To You. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. We may also contact you via any messaging platform or function that we use on our Site in connection to your user account.
21.2 To Us. To give us notice under this Agreement, you must contact us as follows: (i) by electronic mail transmission to [email protected]; or (ii) by personal delivery, overnight courier, or registered or certified mail to:
Executive Board Sports, LLC / APEALZ
Legal Department – Brand Services
ATTN: Designated Agent
P.O. Box 1415
Koloa, HI 96756
We may update the email address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
22.1. The information and Product listings on this Site may contain design or typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or Content at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to Product design, description, pricing, and availability. We also reserve the right to limit or restrict quantities of Products (including after you have submitted your order) for any reason, including, without limitation, if the Product violates any terms of this Agreement.
22.2. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our partners, we reserve the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you. If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
This Agreement is subject to change by us without prior written notice at any time in our sole discretion. Any changes to this Agreement will be in effect as of the "Last Updated Date" referenced on the Website. You should review this Agreement prior to purchasing any Products that are available through the Website. Your continued use of the website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
This Agreement is an integral part of the Website that applies generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for Products through the Website.
25.1. You agree that APEALZ, in its sole discretion, may terminate this Agreement, in whole or in part, including but not limited to termination of your password, Account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. APEALZ may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that APEALZ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Should APEALZ deactivate or delete your Account due to your violation of this Agreement in any way, as determined in APEALZ's sole discretion, APEALZ reserves the right to withhold payment of any commission or other monies associated with your APEALZ Account(s). Further, you agree that APEALZ shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of this Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your Account.
25.2. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenient, and in no way defines or explains any section or provision in this Agreement.
This Agreement shall inure to the benefit of APEALZ’s successors, assigns, and licensees.
When ordering and purchasing our Products on our Website the following terms and conditions apply in addition to the Terms of Use.
You agree that your order is an offer to buy, under this Agreement, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the products you have ordered.
2.1. All prices, discounts, and promotions posted on the Sites are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
2.2. We may offer from time-to-time promotions on the Sites that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
2.3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover, or payments through PayPal, Apple Pay, and Google Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites at the time of your order, and (v) any orders placed by you will appear on your credit card state/other form of payment statement as “Executive Board Sports LLC.”
We do not manufacture or control any of the Products offered on our Sites. The Products offered on our Sites are covered by the manufacturer's warranty as detailed in the Product's description on our Sites and/or included with the Product. Please contact manufacturer for questions regarding product specifics.
ALL PRODUCTS OFFERED ON THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
For information regarding Shipping and Returns, please refer to Shipping and Returns on the Site.
These Terms and the terms and policies referenced herein constitute the entire agreement between you and APEALZ with respect to our Site, its Services, and any Products purchased through the Site. These Terms supersede any prior representations, agreements, or understandings between you and APEALZ, whether written or oral, with respect to the Site, it Services, and Product orders including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms shall control.
The following terms and conditions apply to the usage of short message service (“SMS”) or text messaging of you:
GET
15% OFF
YOUR ORDER WHEN YOU SIGN UP FOR EMAILS & TEXTS
By Submitting this form you agree to receive recurring promotional and marketing text messages from APEALZ at the mobile number used when signing up. Consent is not a condition of purchase. Message and data rates may apply. You may Opt out at any time.
BEFORE YOU GO
15% OFF
YOUR ORDER WHEN YOU SIGN UP FOR EMAILS & TEXTS
By Submitting this form you agree to receive recurring promotional and marketing text messages from APEALZ at the mobile number used when signing up. Consent is not a condition of purchase. Message and data rates may apply. You may Opt out at any time.
