PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE.
Products, Content and
Specifications. All features, content, specifications, products and
prices of products and services described or depicted on this Web Site are
subject to change at any time without notice. Certain weights, measures
and similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors; however, the
actual color you see will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The
inclusion of any products or services in this Web Site at a particular
time does not imply or warrant that these products or services will be
available at any time. It is your responsibility to ascertain and obey all
applicable local, state, federal and international laws (including minimum
age requirements) in regard to the possession, use and sale of any item
purchased from this Web Site. By placing an order, you represent that the
products ordered will be used only in a lawful manner. All videocassettes,
DVDs and similar products sold are for private, home use (where no
admission fee is charged), non-public performance and may not be
When an order is placed, it will be shipping to an address designated by
the purchaser as long as that shipping address is compliant with the
shipping restrictions contained on this Web Site. All purchases from this
Web Site are made pursuant to a shipment contract. As a result, risk of
loss and title for items purchased from this Web Site pass to you upon
delivery of the items to the carrier. You are responsible for filing any
claims with carriers for damaged and/or lost shipments.
Accuracy of Information.
Pasteur Sports attempts to ensure that information on this Web Site is
complete, accurate and current. Despite our efforts, the information on
this Web Site may occasionally be inaccurate, incomplete or out of date.
We make no representation as to the completeness, accuracy or currentness
of any information on this Web Site. For example, products included on the
Web Site may be unavailable, may have different attributes than those
listed, or may actually carry a different price than that stated on the
Web Site. In addition, we may make changes in information about price and
availability without notice. While it is our practice to confirm orders by
email, the receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a product
or service. We reserve the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse service to any
customer. We also may require verification of information prior to the
acceptance and/or shipment of any order.
Use of this Web Site.
The Web Site design and all text, graphics, information, content, and
other material displayed on or that can be downloaded from this Web Site
are either the property of, or used with permission by, Pasteur Sports and
are protected by copyright, trademark and other laws and may not be used
except as permitted in these Terms and Conditions or with the prior
written permission of the owner of such material. You may not modify the
information or materials located on this Web Site in any way or reproduce
or publicly display, perform, or distribute or otherwise use any such
materials for any public or commercial purpose. Any unauthorized use of
any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations.
trademarks, trade names, service marks and logos used or displayed on this
Web Site are registered and unregistered trademarks, trade names and service
marks of Pasteur Sports and its affiliates. Other trademarks, trade names
and service marks used or displayed on this Web Site are the registered
and unregistered trademarks, trade names and service marks of their
respective owners, including Pasteur Sports and its affiliates. Nothing
contained on this Web Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed on this Web Site
without the written permission of Pasteur Sports or such third party
Linking to this Web Site.
Creating or maintaining any link from another Web site to any page on this
Web Site without GSI's prior written permission is prohibited. Running or
displaying this Web Site or any material displayed on this Web Site in
frames or through similar means on another Web site without GSI's prior
written permission is prohibited. Any permitted links to this Web Site
must comply will all applicable laws, rule and regulations.
Third Party Links.
From time to time, this Web Site may contain links to Web sites that are
not owned, operated or controlled by Pasteur Sports or their affiliates.
All such links are provided solely as a convenience to you. If you use
these links, you will leave this Web Site. Neither Pasteur Sports nor any
of their affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither Pasteur
Sports nor any of their affiliates endorse, guarantee, or make any
representations or warranties regarding any other Web site, or any
content, materials or other information located or accessible from such
Web sites, or the results that you may obtain from using such Web sites.
If you decide to access any other Web site linked to or from this Web
Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or
otherwise violate any law. In addition to any remedies that Pasteur Sports
may have at law or in equity, if Pasteur Sports reasonably determines that
you have violated or are likely to violate the foregoing prohibitions, Pasteur
Sports may take any action they reasonably deem necessary to cure or
prevent the violation, including without limitation, the immediate removal
from this Web Site of the related materials. Pasteur Sports will fully
cooperate with any law enforcement authorities or court order or subpoena
requesting or directing Pasteur Sports to disclose the identity of anyone
posting such materials.
Other than personally identifiable information, which is subject to this
concepts, know-how, techniques, questions, comments or other communication
you transmit or post to this Web Site in any manner ("User
Communications") is and will be considered non-confidential and
non-proprietary. GSI, each of its affiliates and/or their designees may
use any or all User Communications for any purpose whatsoever, including,
without limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner
whatsoever for any or all commercial or non-commercial purposes. Pasteur
Sports may, but is not obligated to, monitor or review any User
Communications. Pasteur Sports shall have no obligations to use, return,
review, or respond to any User Communications. Pasteur Sports will have no
liability related to the content of any such User Communications, whether
or not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. Pasteur Sports retains
the right to remove any or all User Communications that includes any
material GSI deems inappropriate or unacceptable.
DISCLAIMERS. YOUR USE
OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER PASTEUR SPORTS NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE
MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND
NEITHER PASTEUR SPORTS NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR
ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE
SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, PASTEUR SPORTS HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED
ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, PASTEUR SPORTS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT
MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES
TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY.
Pasteur Sports does not assume any responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from
your access to, use of, or browsing this Web Site or your downloading of
any materials, from this Web Site. IN NO EVENT WILL PASTEUR SPORTS, THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS,
ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE,
OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB
SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL
SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED
BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY
PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR
THROUGH THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE
WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND
REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND
REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms
and Conditions. Pasteur Sports may revise these Terms and Conditions
at any time and from time to time by updating this posting. You should
visit this page from time to time to review the then current Terms and
Conditions because they are binding on you. Certain provisions of these
Terms and Conditions may be superseded by expressly designated legal
notices or terms located on particular pages at this Web Site.
Choice of Law;
Jurisdiction. These Terms and Conditions supersede any other agreement
between you and Pasteur Sports to the extent necessary to resolve any
inconsistency or ambiguity between them. This Web Site is administered by Pasteur
Sports from its offices in Florida. These Terms and Conditions will be
governed by and construed in accordance with the laws of the State of
Florida, without giving effect to any principles of conflicts of laws. Any
action seeking legal or equitable relief arising out of or relating to
this Web Site shall be brought only in the courts of the State of Florida
or the United States District Court of Florida. A printed version of these
Terms and Conditions shall be admissible in judicial and 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.
Termination. You or we
may suspend or terminate your account or your use of this Web Site at any
time, for any reason or for no reason. You are personally liable for any
orders that you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or any aspect of
this Web Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms
and Conditions or if you have any questions or comments, we invite you to call
our customer service department at 1.352.732.6759.
Updated January 2009
information gathering and dissemination practices for this Web site,
www.pasteursports.com. Because we want to demonstrate our commitment to your
privacy, we want to notify you of:
What personally identifiable
information of yours is collected through this Web site;
The organization collecting
How the information is used;
With whom the information may
What choices are available to
you regarding collection, use and distribution of the information;
The kind of security
procedures that are in place to protect against the loss, misuse or
alteration of information under Global Sport Interactive's control; and
How you can correct any
inaccuracies in the information.
If you have questions or concerns regarding this statement, you should
contact our Customer Service Department by email by completing the Customer
Feedback Form in the Contact Us section or by phone at 1.352.732.6759.
Your IP address, browser and reference site domain name are logged every
time you visit our site. This data is used strictly for the analysis of load
information and maximizing the efficiency of our servers. Except as provided in
or material you transmit or post to this Web Site by email or otherwise,
including any data, questions, comments, or suggestions (other than personally
identifiable information which will be treated in accordance with this privacy
policy), is and will be treated as non-confidential and non-proprietary and
anything you transmit or post may be used by us and our affiliates for any
purpose, including without limitation, reproduction, disclosure, transmission,
publication, broadcast, and posting. We are free to use any ideas, concepts,
know-how, or techniques contained in any communication or material that you
send to this Web Site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information.
"Cookies" are files stored on your computer's hard drive by your
browser. These cookies help us identify our account holders and optimize their
shopping experience. They do not include any data that will identify you
personally. They will, however, allow you to use some specialized
www.pasteursports.com features. Cookies also allow us to hold selections in
your shopping cart when you leave our site without checking out. Most browsers
accept cookies automatically, but allow you to disable them if you wish.
We do not use third-party advertising companies to serve ads on our behalf.
External Links/Framed Pages
Our store may contain links to a third party web site. Any data provided
policy of the third party web site govern the information collection and
dissemination practices occurring on such web sites.
If you have accessed this Web Site through a link from certain of our
advertising and marking partners our Site may include a frame of the applicable
advertising and marketing partner. The information you provide to us through
these framed web pages is collected by us and its use is governed by this
Ordering from www.pasteursports.com
When you order from www.pasteursports.com, we need your name, email address,
shipping address and credit card number/expiration date. We use this data to
process your order, ship it and send you order and shipping confirmations via
disclose this data to any third party without your consent. (However, we will
cooperate fully should a situation arise where we are required by law or
requested by a law enforcement agency to provide information about a customer.)
From time to time, we use the purchases you make to customize our product
recommendations. We also track customer traffic patterns and site usage.
Traffic and usage data is used only to improve our site's design and provide
our customers with a fulfilling shopping experience.
Opening a www.pasteursports.com Account
We require your name, billing address, shipping address, email address and
telephone number to open an account for you. Except as provided in this privacy
policy, this account data is never shared with anyone in any way without your
consent. (However, we will cooperate fully should a situation arise where we
are required by law or requested by a law enforcement agency to provide
information about a customer.)
Corrections/Updates to your Account
You can correct account data by clicking on "My Account" within
the menu area of the site. If you have any questions or concerns about
correcting or updating your Account, please contact our customer service
From time to time, we will contact you about sales, special offers and new
site features if you agreed to be included in our email lists, or if you
completed a purchase transaction with us. To unsubscribe, you can also respond
to any promotional email we send you, placing "REMOVE" in your
subject line to discontinue email service. You can also send an email by
completing the Customer Feedback Form in the Contact Us section and inform us
that you want to unsubscribe to our email list.
In addition to being able to call our customer service department
(1.352.732.6759), you may also email us by completing the Customer Feedback
Form in the Helpdesk section. When you email us, your emails are stored within
our system so that we may refer to previous emails from you as needed so that
we may properly address your questions and concerns. Except as provided in this
is not shared with anyone without your consent.
Whenever we run a contest or sweepstakes relating to our site, it will be
accompanied with the rules of the contest/sweepstakes. The rules for each
contest/sweepstakes will also detail how the information gathered from you for
entry into the contest/sweepstakes will be used. You will find the rules for
each contest/sweepstakes by clicking the "rules" link accompanying
each contest/sweepstakes. Additionally, we will post if this information will
be shared with anyone in addition to those persons and entities provided for in
E-mail to a Friend
Users of this web site have the opportunity to e-mail product pages to their
friends. In order to accomplish this, you must provide to us your friend's
names and e-mails addresses. We only use your friend's information to send them
the product pages you requested that they receive.
On-Line Gift Certificates and Gift Cards
If you send an on-line gift certificate or gift card to a third party you
must provide us with the recipient's name and e-mail address. We only use this
information to deliver such gift certificate or gift card.
Customer Feedback Form
You can use this form to give us any input which we will use to improve our
site. The only required data is your name and email address. The remainder of
the data is optional. We only use this data to make improvements on our site.
in any way.
Our Third Party Relationships
We have established several relationships with third parties
vendors to best serve our customers.
Sports, Inc operates this Web site pursuant to agreements with Pasteurís
Sports. Pursuant to such agreements, Pasteurís Sports is entitled to
access and use the information collected through this Web site to the same
extent and in the same manner as Legacy Sports, Inc. Additionally, Pasteurís
Sports may contact those customers who have agreed to receive promotional
offers about offers in its land-based stores. Pasteurís Sports has agreed
applicable to Legacy Sports, Inc. hereunder.
From time to time we may establish an affiliate program. An affiliate
program allows other Web sites to earn money by linking customers to our
site from their sites. These affiliates can only access data about the
number of transactions and their resulting earnings. They cannot access
our customers' personal data. If you choose to apply to any of our
affiliate programs, we use the data you give us strictly for conducting
business with you. We have entered into certain agreements with certain
third parties for the purpose of helping to administer the affiliate
programs. Such third parties may have access to certain of your
information if you are an affiliate of the web site but is restricted to
only use such information in connection with its administration of the
Certain vendors of ours provide customer order fulfillment and shipping
services on our behalf. These vendors have access only to information
needed to accurately fulfill and ship orders, which are processed through
such vendors. These vendors have agreed to not use any personally
identifiable information of customers for any other purpose.
Credit Card Processing:
We use Sunbank Merchant Services to process credit card orders. We supply
them with data for credit card authorization and fraud detection only and
they are restricted from using the data for any other purposes.
Web Site Evaluation:
From time to time, we engage certain third parties to observe, track and
report on the behavior of the users of this Web Site in order to evaluate
the performance and features of this Web Site. These third parties will
only have access to information to the extent necessary and will be
required to not use any personal information for any other purpose.
Promotions: From time to time, we engage certain third parties to
assist in the dissemination of marketing and promotional offers (i.e.
e-mails) to those customers who have agreed to receive such offers. These
third parties will only have access to information to the extent necessary
and will be required to not use any personal information for any other
Additional Third Party
Relationships: From time to time, we engage other third parties to
assist in providing marketing, order processing and fulfillment services.
These third parties will only have access to information to the extent
necessary and will be required to not use any personal information for any
purpose other than providing such services.
Additionally, from time to time,
we share non-personal, non-individual statistical information with our
marketing partners, advertisers or other third parties for research purposes.
That is, we will not tell our marketing partners that you purchased a specific
product, but we may tell them how many customers purchased that product.
We use Secure Socket Layer (SSL) encryption technology to protect your
personal information. The only time you are required to sign on our site is
when you are making a purchase. On the Checkout page, you will be asked to
access your existing account or create a new one. Existing account holders are
prompted for their ID (your email address) and password. This password is for
your protection. If you don't have your password, there is a link that reads
"Lost your password?" Click on this for instructions on how to get
your password. If you are not comfortable with our security policy, or not comfortable with placing an order online, please call us at 352.732.6759 to place an order.
If we are going to use your personally identifiable information in a manner
different from that stated at the time of collection we will notify you via
email. You will have a choice as to whether or not we use your information in
this different manner. In addition, if we make any material changes in our
privacy practices that do not affect user information already stored in our
database, we will post a prominent notice on our web site notifying users of
the change. In some cases where we post the notice we will also email users,
who have opted to receive communications from us, notifying them of the changes
in our privacy practices.
Questions about our Policies
If you have any questions regarding your privacy or
any of our policies, please contact our Customer Service Department by email by
completing the Customer Feedback Form in the Contact Us section or by phone at