TERMS & CONDITIONS POLICY

Updated as of 11/3/22

 

Terms of Sale

By using this website, website features, and/or placing an order on 9LIST.com, THE9LIST.com, and/or THE9LIST.myshopify.com, you are offering to purchase a product and/or view or use our services, and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

9LIST.com, THE9LIST.com, and THE9LIST.myshopify.com are interactive webshops part of, owned and operated by Athleisure Media, LLC. (hereafter “Website”)

THE 9LIST™ is powered by Athleisure Media, LLC.(hereafter "THE 9LIST").

Dispatch times for sold products are typically 1-3 business days and may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Service and event fulfillment varies, per scheduling,

In order to contract with THE 9LIST you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Paypal, Stripe or Shopify online payments are also acceptable. THE 9LIST retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.

Ordering

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Once we confirm purchase payment and inventory matching, and order will commence and be fulfilled.

Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occasionally occur. If we discover an error in the price of any goods, services or experiences which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on the Website and/or Mobile App, is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law  and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com, and Athleisure Media, LLC, its directors, officers, employees, consultants, agents, and affiliates, and any of its sites, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees arising from your use this Website and Terms of Service.

Variation

THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com, and Athleisure Media, LLC, shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products or Services and/or any page of this/these Websites, Mobile App, and its properties,

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

In General

THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com and Athleisure Media, LLC owns and operate this Website. This document governs your relationship with THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com, and Athleisure Media, LLC, Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by us. Athleisure Media, LLC. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

By using this Website, you consent to the processing described in our Privacy Policy and warrant that all data provided by you is accurate.

Shipping and Returns

By using this Website, you agree to Website and Mobile App Shipping and Return Policy.

By using this Website, you consent to the processing described in our Mobile Terms of Service Policy herein below and warrant that you consent to occasional web and mobile messaging with promotions, offers, specials, information, alerts and updates we think will be relevant and of interest to you. You also warrant that all data provided by you is accurate.

THE 9LIST MARKETPLACE and THE 9LIST AUCTIONS

By using either THE 9LIST MARKETPLACE and THE 9LIST AUCTIONS as a user, buyer or seller, or sponsor, you agree to our Marketplace and Auctions Policy.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com, and Athleisure Media, LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photo images) made available to you on or through this Website remains the property of THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com and Athleisure Media, LLC and/or its licensors and are protected by copyright laws and treaties around the world.

All such rights are reserved by THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com and Athleisure Media, LLC, and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com and Athleisure Media, LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director. 

Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws (choice of venue and forum)—Use of this website THE 9LIST, 9LIST.com, THE9LIST.com, THE9LIST.myshopify.com and Athleisure Media, LLC shall in all respects be governed by the laws of the state of New York, U.S., regardless of the laws that might be applicable under principles of conflicts of law. 

Mobile Terms of Service

THE 9LIST

Last updated: Nov. 3, 2022

THE 9LIST SMS Program: The THE 9LIST mobile message service (the "Service") is operated by THE 9LIST (“THE 9LIST”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to THE 9LIST’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of THE 9LIST through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with THE 9LIST. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18448272402 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other THE 9LIST mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18448272402 or email info@the9list.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy