Key Terms:
“Collective Content” means Registered User Content and NARP Clothing Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“NARP Content” means all Content that NARP Clothing makes available through the Service, including any Content licensed from a third party, but excluding Registered User Content.
“Registered User” means a person who completes the NARP Clothing account registration process, as described under “Account Registration” below.
“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Service.
Certain areas of the Site and your access to or use of parts of the Service or Collective Content may have different terms and conditions posted or may require you
General Language:
NARP Clothing LLC (“NARP,” “we,” “us,” or “our”) operates an active marketplace that allows users to buy and sell consumer team-issued gear. These Terms and Conditions of Use, our Privacy Policy, our FAQS, and all policies and requirements posted on our websites, all of which are incorporated into these Terms and Conditions of Use by reference and as amended from time to time (collectively, “Terms”) describe the terms and conditions on which we provide our websites (the “Sites”), services, data, software, applications (including mobile applications) and tools (collectively “Services”) to you, whether as a guest or a registered user. In these Terms, “you” and “your” refer to you, the individual accessing and/or using the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY NARP Clothing. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND NARP Clothing. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.
By checking this box, I hereby acknowledge that I have exhausted all my athletic eligibility for the National Collegiate Athletic Association (NCAA). If I did not leave school early and forfeit NCAA eligibility, this means I have reached the NCAA requirements of utilizing the five years or the four complete seasons of athletic eligibility. I also agree with the following:
You have three business days to ship the clothes. Our fee is 30% If you fail to send the clothes within three business days, the compensation fee to a minimum of 35% and a maximum of 40%
You must keep your items on the platform for at least 30 days of initial posting. NARP can remove a product if deemed stolen or has holes in it. If the vendor ships an item that is damaged, then the customer can request a refund at the expense of the vendor.
By using our Services, or by clicking to accept or agree to these Terms and the Privacy Policy, when this option is made available to you upon registration, you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use any portion of the Services.
If you breach any of these Terms, NARP Clothing has the right to suspend or disable your Account or terminate these Terms as they apply to you, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Service and Collective Content at any time, with or without cause. When you register to join the Service and create an Account, you are free to choose any name to identify yourself to other Registered Users. However, any complaints to us by Registered Users arising out of or in connection with your use of a false name may result, in our sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. In the event we terminate these Terms for your breach, revoke your access to and use of the Service, or terminate or discontinue the Service and consequently these Terms, you will remain liable for all amounts due under these Terms.
Marketplace Risk
NARP Clothing is not affiliated with or endorsed by any manufacturer, retailer, brand or institution of the items that users buy or sell through the Service: NARP Clothing is a marketplace and does not obtain title to any purchased items. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). NARP Clothing will not be held liable to injury from an item purchased from our platform (e.g.: helmet, baseball bat). You agree that all of these risks are borne by you, and not NARP Clothing.
NARP Clothing does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. NARP Clothing reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting NARP Clothing and its users from illegal or wrongful activities or other violations of these Terms.
NARP Clothing does not ship to addresses outside of the continental United States
Account Registration:
To access certain features of the Service and to post any Registered User Content on or through the Service, you must register to create an account (“Account”) and become a “Registered User”. You will be required to provide certain information during the registration process, and you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account for any reason at our discretion, including if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account by contacting us
Fees:
The fee is 15% for jerseys and helmets. For all other items the fee is 20%. All items must be shipped within three business days of being purchased. For items that are not shipped within the three business days, the fee can increase to a minimum of 30% and a maximum of 40%. We reserve the right to change, or discontinue, temporarily or permanently, some or all of such fees (including for promotional events), and such changes are effective when we post information about the changes through the Service. We may also change our Fee Policy at any time and our sole discretion and any changes to the Fee Policy are effective upon the posting of such changes to the Site or upon written notice to any user.
You agree NOT to do any of the following:
(a)Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
(b)Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures
(c) Attempt to access or search the Service or Collective Content, or download Collective Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers.
(d) Use Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms.
(e) Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation
Sellers:
When listing an item for sale and selling an item through the Service, you agree to our rules and policies for Sellers described in our Selling on NARP Clothing Policy, which can be found at https://narpclothing.com/privacy-policy/ and our FAQ, which can be found at https://narpclothing.com/faqs/, each of which is incorporated by reference into these Terms. You further agree that you have the legal authority to sell each item that you are listing for sale through the Service and that the photos you upload of the item, name of the item, will be accurate to the item you ship to us.