Terms & Conditions
Please read this agreement carefully. By using the website and its related services and products (collectively, the “Site”), you agree to be bound by these terms (“Terms and Conditions”). You also accept the Terms and Conditions when you create an account or log in to the Site. Additional or separate terms may apply to your interactions with other Gladiator Lacrosse websites, and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms and Conditions, the provisions of the additional terms will govern.
For the purposes of these Terms and Conditions, the following terms are defined as:
1. The term “services” means all services made available by gladiatorlacrosse.com, by means of a browser, mobile app, or by other online or offline methods.
2. References to “Gladiator Lacrosse,” “Official Backyard Lacrosse Goal,” “Official Lacrosse Rebounder (Pitch Back),” “our,” “we,” or “us” refer to Gladiator Lacrosse®, and its affiliates.
We may make changes to the Site and the Terms and Conditions. It is your responsibility to review the Terms and Conditions for updates or changes. If you do not agree with the Terms and Conditions, you should not use the Site.
Errors on Our Site
We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Pricing/ Payment/ Shipping
Prices are shown in The United States dollars (USD). All prices are retail prices and do not include shipping costs. We accept all major credit and debit cards (Visa, MasterCard and any others). All shipping charges will be calculated automatically in the shopping cart.
Generally, we’ll charge your card for an item when we ship the item to you or confirm its availability in store. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we’ll debit your card when you place the pre-order. For special delivery items, we’ll charge your card when you confirm a delivery time.
Money Back Guarantee
All products come with a thirty (30) day money back guarantee. Gladiator Lacrosse stands behind all of its products when used under normal conditions. Proof of purchase with the date of the purchase on it, is required for every item being returned due to defect. Gladiator Lacrosse will replace the lacrosse goal or lacrosse pitch back with the exact product that is defective. If the product is no longer available, we will upgrade you free of charge if we no longer carry that item.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
Site User Obligations
By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. These Terms and Conditions are also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
All content included on or comprising the Site, including information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may use the Site and the Content only for noncommercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any Site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.
Unless we separately give you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part.
The Gladiator Lacrosse logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Gladiator Lacrosse and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Reviews, Comments, Communications, and Other User-Generated Content
You may interact with the Site and Gladiator Lacrosse in numerous ways, including Reviews and Ratings, Questions and Answers, and e-mail communication. You hereby grant Gladiator Lacrosse a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.
When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Feedback and Submissions
Gladiatorlacrosse.com welcomes your feedback and suggestions about our products or services. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Gladiatorlacrosse.com, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Gladiatorlacrosse.com and enable Gladiatorlacrosse.com to use such feedback. In addition, any feedback received will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Gladiator Lacrosse to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY GLADIATOR LACROSSE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You agree to defend, indemnify, and hold harmless Gladiator Lacrosse and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms and Conditions.
Links to Third-Party Websites
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities on the Site, are prohibited.
You may not violate or attempt to violate the security of the Site, including but, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Gladiator Lacrosse, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms and Conditions. You may not use any device that attempts to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.
These Terms and Conditions have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Florida, U.S.A. as applied to agreements entered into and completely performed in the State of Florida. You and Gladiator Lacrosse each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the County of Palm Beach, Florida for any disputes between us under or arising out of these Terms and Conditions. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and Conditions and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against Gladiator Lacrosse must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and Conditions and is hereby disclaimed. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Gladiator Lacrosse via the contact information at the end of this agreement if you wish to receive a printed copy of these Terms and Conditions.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to Gladiator Lacrosse, such injury would not be quantifiable in monetary damages, and Gladiator Lacrosse would not have an adequate remedy at law. You therefore agree that Gladiator Lacrosse shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Gladiator Lacrosse post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Gladiator Lacrosse to enforce any provision of these Terms and Conditions. The parties agree that this agreement is for the benefit of the parties hereto as well as Gladiator Lacrosse’s licensors. Accordingly, this agreement is personal to you, and you may not assign your rights or obligations to any other person or entity without Gladiator Lacrosse’s prior written consent. Failure by Gladiator Lacrosse to insist on strict performance of any of the terms and conditions of this agreement will not operate as a waiver by Gladiator Lacrosse of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in these Terms and Conditions is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. Headings herein are for convenience only.
Warning: All sporting activities carry the risk of injury to the participants. Improperly maintained equipment and inadequately supervised programs are significant contributing factors. All equipment must be thoroughly inspected and maintained to reduce the risk to users.
If you have any concerns regarding gladiatorlacrosse.com, your use of the site, or these terms and conditions, please contact us with a detailed description at:
1081 Holland Drive
Boca Raton, Florida 33487