Terms of Sale

Updated: September 14, 2011

PLEASE READ THESE TERMS OF SALE; THEY ARE IMPORTANT. IF YOU DO NOT AGREE TO THESE TERMS OF SALE YOU SHOULD NOT PLACE AN ORDER OR USE PX3 PRODUCTS.

THIS AGREEMENT IS BETWEEN P3 ATHLETICS INC., D/B/A PX3 CUSTOM MOUTHWEAR, HEREIN REFERRED TO AS “PX3” IS A PRIVATELY HELD CORPORATION WITH IT’S REGISTERED OFFICE LOCATED AT 70 Cranwell Close, SE, Calgary, Alberta, T3M-1A9, Canada, AND THE PURCHASER/USER OF PX3 PRODUCTS, HEREIN REFERRED TO AS “USER”. SOME OF THE PRODUCTS AVAILABLE FOR SALE ARE DESIGNED FOR CHILDREN, BUT PX3 DOES NOT SELL TO CHILDREN. IF THE USER IS SIXTEEN OR UNDER, THEY SHOULD NOT PURCHASE ANYTHING FROM THIS WEBSITE.

ORDERS AND CONTRACT FORMATION
BY PLACING AN ORDER ON THIS WEBSITE USER IS AGREEING TO BE BOUND BY THE FOLLOWING TERMS OF SALE AND PRIVACY POLICY AS LISTED ON PX3 WEBSITE AT WWW.PX3MOUTHWEAR.COM. FOLLOWING AN ORDER AND PAYMENT, AN EMAIL CONFIRMATION AND ORDER REFERENCE NUMBER SHALL BE EMAILED TO THE USER. IF PX3 CANNOT, FOR ANY REASON, ACCEPT AND PROCESS THE ORDER, PX3 WILL NOTIFY THE USER DIRECTLY. PX3 MAY CHANGE THE TERMS OF SALE AT ANY TIME BY POSTING CHANGES ON THIS WEBSITE, WITH OR WITHOUT NOTICE, SO PLEASE CHECK THESE TERMS OF SALE BEFORE PLACING AN ORDER. PX3 WILL MAKE EVERY EFFORT TO PRODUCE AND DELIVER ORDERS WITHIN A TWO-WEEK PERIOD HOWEVER PX3 CANNOT GUARANTEE PRODUCT DELIVERY WITHIN ANY GUARANTEED TIME FRAME. PRODUCTION TIME IN THE LAB CAN BE UP TO TEN (10) BUSINESS DAYS. USER LOCATION AND SELECTED SHIPPING METHODS WILL ALSO AFFECT DELIVERY TIME IN ADDITION TO ANY REQUIRED PRODUCTION TIME AT THE LAB.

EVENTS BEYOND CONTROL
FULFILLMENT OF THIS ORDER IS CONTINGENT UPON THE AVAILABILITY OF MATERIALS AND SHIPPING. PX3 SHALL NOT BE LIABLE FOR ANY DELAY IN DELIVERY OR FOR NON-DELIVERY IN WHOLE OR IN PART CAUSED BY THE OCCURRENCE OF ANY CONTINGENCY BEYOND THE CONTROL OF EITHER THE PX3, IT’S SUPPLIERS OR SHIPPING PARTNERS, INCLUDING, BUT NOT LIMITED TO, WAR, SABOTAGE, ACTS OF CIVIL DISOBEDIENCE, FAILURE OR DELAY IN TRANSPORTATION, ACT OF ANY GOVERNMENT OR AGENCY FOR SUBDIVISION THEREOF, JUDICIAL ACTION, LABOR DISPUTE, FIRE, ACCIDENT, EXPLOSION, QUARANTINE, RESTRICTIONS, STORMS, FLOOD, EARTHQUAKE, OR ACTS OF GOD, SHORTAGE OF LABOR, FUEL, RAW MATERIALS, OR MACHINERY OR TECHNICAL FAILURE WHERE PX3 HAS EXERCISED ORDINARY CARE IN THE PREVENTION THEREOF. IF ANY CONTINGENCY OCCURS, ALLOCATION OF PRODUCT AND DELIVERY THEREOF WILL BE AT THE DISCRETION OF PX3.

RETURN POLICY
IF THE PRODUCTS RECEIVED ARE NON-CONFORMING, DEFECTIVE OR NOT CONSISTENT WITH THE ORDER AS FAR AS COLOR, SPELLING OR CUSTOM OPTIONS, USER MUST NOTIFY PX3 UPON DELIVERY VIA PHONE AT 800-951-8922 X 110 OR VIA EMAIL TO CUSTOMERSERVICE@PX3MOUTHWEAR.COM AND DOWNLOAD, COMPLETE AND RETURN THE RETURN MERCHANDISE AUTHORIZATION FORM WITH THE DEFECTIVE PRODUCT TO THE ADDRESS ON THE FORM WITHIN FOURTEEN (14) CALENDAR DAYS FROM THE DATE OF RECEIVING THE ORDER. NO CREDITS OR REFUNDS OR REPAIRS SHALL BE PROVIDED FOR ITEMS RETURNED WITHOUT A RETURN MERCHANDISE AUTHORIZATION FORM. PX3 SHALL HAVE COMMERCIALLY REASONABLE TIME IN WHICH TO REPAIR THE EXISTING PRODUCT OR REPLACE IT WITH NEW PRODUCTS. IF PX3 IS UNABLE TO REPAIR OR REPLACE THE GOODS, PX3 SHALL PROVIDE THE USER WITH A FULL CREDIT FOR THE ORDER, SHIPPING AND HANDLING FEES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER ACKNOWLEDGES THAT UNLESS USER STRICTLY COMPLIES WITH THE RETURNED GOODS POLICY SET FORTH IN THIS PARAGRAPH, USER’S PURCHASE SHALL BE DEEMED FINAL AND USER SHALL BE DEEMED TO HAVE RELEASED PX3 FROM (I) ANY CLAIM FOR REFUND OR CREDIT, AND (II) ANY TYPE OF DAMAGES WHATSOEVER.

RISK OF LOSS AND INSURANCE
RISK OF LOSS OR DAMAGE TO THE PRODUCTS SHALL PASS TO USER UPON DELIVERY OF THE PRODUCTS TO A COMMON CARRIER AT PX3’S SHIPMENT FACILITY, OR, IF DROP SHIPPED, THE MANUFACTURER’S SHIPMENT FACILITY. PX3 WILL INSURE TO FULL VALUE THE PRODUCTS SHIPPED OR DECLARE FULL VALUE THEREOF TO THE TRANSPORTATION COMPANY AT THE TIME OF THE SHIPMENT. FROM THE POINT OF DELIVERY, ANY FURTHER INSURANCE AGAINST LOSS, THEFT, DAMAGE OR DESTRUCTION OF THE PRODUCTS FOR ITS FULL REPLACEMENT VALUE SHALL BE THE SOLE RESPONSIBILITY OF THE USER. CONFISCATION OR DESTRUCTION OF, OR DAMAGE TO, THE PRODUCTS FOLLOWING SHIPMENT SHALL NOT IN ANY WAY AFFECT THE LIABILITY OF USER TO PAY THE PURCHASE PRICE. USER SHALL INSPECT THE PRODUCTS UPON RECEIPT AND NOTIFY PX3 WITHIN TWENTY-FOUR (24) HOURS FOLLOWING DELIVERY WHEN THERE IS EVIDENCE OF SHIPPING DAMAGE. USER’S FAILURE TO NOTIFY PX3 OF SHIPPING DAMAGE WITHIN TWENTY-FOUR (24) HOURS OF DELIVERY SHALL CONSTITUTE A WAIVER BY USER OF ANY SUCH CLAIM.

WARRANTY
EXCEPT FOR ANY MANUFACTURING DEFECTS, FAILED SHIPMENTS, OR OTHER CONDITIONS EXPRESSLY LISTED AND WRITTEN IN THIS TERMS OF SALE, PX3 SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR WARRANTY FOR THE PERFORMANCE OF THE PRODUCTS PX3 MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THAT THE PRODUCTS ARE FIT FOR ANY PARTICULAR DEGREE OF PROTECTIVE USE. USER AGREES THAT IT HAS SELECTED EACH PRODUCT BASED UPON ITS OWN JUDGMENT AND DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS OR PRESENTATIONS MADE BY PX3. PX3 SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OR FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, EVEN IF USER OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK
DO NOT USE THIS PRODUCT UNLESS YOU AGREE WITH THE FOLLOWING TERMS AND CONDITIONS:

BEFORE USING A PX3 PRODUCT, THE PURCHASER/USER HAS CAREFULLY REVIEWED, UNDERSTOOD AND AGREES TO COMPLY WITH THE TERMS OF USE. PX3 PRODUCTS ARE DESIGNED FOR USE DURING PHYSICAL ACTIVITIES, ATHLETICS AND MILITARY OPERATIONS THAT INHERENTLY INVOLVE CERTAIN RISKS, DANGERS AND HAZARDS, WHICH CAN RESULT IN SERIOUS PERSONAL INJURY OR DEATH. THE PURCHASER/USER OF THIS PRODUCT UNDERSTANDS THAT PX3 IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO PROPERTY SUSTAINED WHILE USING THIS PRODUCT BY THE PURCHASER/USER, AND THE PURCHASER/USER RELEASES PX3 FROM ALL SUCH LIABILITY. THE PURCHASER/USER EXPRESSLY ASSUMES THE RISK OF ANY AND ALL BODILY INJURY, DEATH AND/OR LIABILITY, WHICH MAY RESULT FROM THE PURCHASER/USER’S PARTICIPATION IN ANY ACTIVITIES WHILE WEARING A PX3 PRODUCT. THE PURCHASER/USER AGREES TO HOLD P3 ATHLETICS INC. HARMLESS FROM ANY AND ALL LIABILITY, AND WAIVE AND RELEASE ANY AND ALL CLAIMS OR POTENTIAL CLAIMS AGAINST P3 ATHLETICS INC. (D/B/A PX3 CUSTOM MOUTHWEAR) AND ANY OF ITS RESPECTIVE AGENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, INSTRUCTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS AND MANUFACTURERS IN THE EVENT OF ANY SUCH BODILY INJURY OR DEATH WHICH MAY RESULT FROM THE PURCHASE AND/OR USE OF ANY P3 ATHLETICS INC. (D/B/A PX3 CUSTOM MOUTHWEAR) PRODUCTS. IN THE EVENT OF THE PURCHASER/USER’S DEATH OR INCAPACITY WHILE WEARING THIS PRODUCT, THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES.

AVAILABILITY AND PRICING
PX3 PRICES, OPTIONS, DELIVERY CHARGES AND THE AVAILABILITY ARE PUBLISHED ON THIS WEBSITE. THE PRICE AND DELIVERY CHARGES PAYABLE ARE THOSE IN FORCE AT THE DATE AND TIME ORDERS ARE SUBMITTED. ANY CHANGES TO PRICING, OPTIONS OR SHIPPING MAY BE CHANGED AT ANY TIME. PX3 WILL MAKE EVERY EFFORT TO ENSURE THAT THE PRICES AND CHARGES AND AVAILABILITY PUBLISHED ON THIS WEBSITE ARE ACCURATE. IF ACTUAL PRICES AND CHARGES ON THE ORDER FORM ARE DIFFERENT FROM THOSE STATED ON THE WEBSITE AT THE TIME OF ORDER, PX3 SHALL CHARGE YOU THE LOWER AMOUNT. ONLINE ORDERS MUST BE PAID IN FULL BY CREDIT OR DEBIT CARD AT THE TIME OF ORDER. IF USER WISHES TO PAY BY CERTIFIED CHECK OR MONEY ORDER, USER MUST PRINT OUT A COPY OF THE OFFLINE ORDER FORM AND ATTACH IT, TOGETHER WITH PAYMENT MADE PAYABLE TO PX3 CUSTOM MOUTHWEAR AND MAIL IT TO PX3 CUSTOM MOUTHWEAR, 70 CRANWELL CLOSE SE, CALGARY ALBERTA T3M-1A9 CANADA. USER WARRANTS THAT ALL DETAILS PROVIDED TO PX3 ON THE ORDER WILL BE CORRECT, THAT ANY FORM OF PAYMENT USED IS LEGITIMATE TO THE USER AND IN NO WAY FRAUDULENT OR UNAUTHORIZED, AND THAT THERE ARE SUFFICIENT FUNDS OR CREDIT FACILITIES TO COVER THE PRICE OF THE ITEMS ORDERED, INCLUDING ANY ADDITIONAL FEES OR DELIVERY CHARGES. PX3 PRICING, OPTIONS AND SHIPPING CHARGES DO NOT INCLUDE ANY APPLICABLE IMPORT TAXES, DUTIES, HANDLING, OR OUTSIDE FEES THAT MAY BE INCURRED WITH INTERNATIONAL ORDERS. PLEASE CONTACT LOCAL CUSTOMS AUTHORITIES FOR DETAILS.

GENERAL
IF ANY PROVISION OF THESE TERMS OF SALE IS (FOR ANY REASON), HELD TO BE UNENFORCEABLE, ILLEGAL OR INVALID IN SOME OTHER WAY, THE UNENFORCEABLE, ILLEGAL OR INVALID PROVISION WILL NOT AFFECT THE REMAINDER OF THESE TERMS OF SALE AND THEY WILL CONTINUE IN FULL FORCE AND EFFECT. THESE TERMS OF SALE ARE GOVERNED BY THE LAWS OF ALBERTA, CANADA AND USER AGREES THAT JURISDICTION OVER AN VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, OR RELATING TO ANY PX3 ORDERS OR USE OF PX3 PRODUCTS SHALL BE IN THE PROVINCIAL OR FEDERAL COURTS LOCATED IN CALGARY, ALBERTA CANADA. THE PREVAILING PARTY IN SUCH ACTION SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY FEES AND OTHER COSTS AND EXPENSES. NO ADDITION TO, OR MODIFICATION OF, ANY PROVISION OF THESE TERMS OF SALE WILL BE BINDING ON US UNLESS MADE IN WRITING AND SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVES. THIS TERMS OF SALE TOGETHER WITH OUR PRIVACY POLICY, TERMS OF USE AND THE USER’S ORDER FORM CONTAIN THE ENTIRE AGREEMENT AND UNDERSTANDING RELATING TO THE SUBJECT MATTER OF THE ORDER. THEY SUPERSEDE ANY PRIOR AGREEMENTS, UNDERSTANDINGS OR ARRANGEMENTS (WHETHER ORAL AND WRITTEN) RELATING TO THE SUBJECT MATTER. USER ACKNOWLEDGES THAT THEY ARE NOT PLACING THE ORDER ON THE BASIS OF ANY STATEMENT, REPRESENTATION, WARRANTY OR OTHER PROVISION EXCEPT THOSE EXPRESSLY CONTAINED OR REFERRED TO IN THESE TERMS OF SALE. NOTHING IN THESE TERMS OF SALE AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.