TERMS OF USE

This site is provided by Wichita Wings Indoor Soccer, LLC (“Company”) as a service to our customers. Please review the following basic rules that govern your use of the www.wichitawingsindoorsoccer.com web site (“Site”).  Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use (“Agreement”). Although you may “bookmark” a particular portion of this Site and thereby bypass Terms of Use, your use of this Site still binds you to these Terms of Use. The Company reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Use of this Site. 
By accepting these Terms of Use through your use of the Site, you certify that you are at least 18 years of age or the age of majority where you live. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you do not agree to (or cannot comply with) any of these Terms of Use, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Trademarks. 
Certain trademarks, trade names, service marks, logos, and copyrighted material used or displayed on the Site are registered and unregistered trademarks, trade names, service marks, logos, and copyrighted material of the Company and its affiliates.  Other trademarks, trade names, and service marks used on displayed on the Site are registered and unregistered trademarks, trade names and service marks of their respective owners.  Nothing contained on this Site grants or may be construed as granting, by  implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, logos, or copyrighted material without the written permission of the Company or such other owner.

Site Security. 
Users are prohibited from violating or attempting to violate the security of the Site or exceeding their permitted access to the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) 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;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, automate what are otherwise manual processes or to catalog any information on this site.

Order Acceptance. 
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized and shipping and billing information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We always make every effort to deliver to you the exact item that you purchased. However, at times items are lost or stolen, damaged or recalled. If for any reason we are unable to deliver to you the item you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item.We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Pricing Information. 
While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. The Company cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, the Company may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.The Company strives to provide you with the best prices possible. Prices and availability are subject to change without notice.

Quantity Limits & Dealer Sales. 
The Company reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. The Company also reserves the right, at our sole discretion, to prohibit sales to dealers.

Colors. 
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Return Policies. 
Merchandise must be returned within 30 days of ordering for a refund. Merchandise must be in perfect, unused condition and must have the original receipt. When returning, please insure for the full value with "tracking". Returns lost in shipping will not be refunded. Customer is responsible for paying any difference for any exchange in merchandise. Special orders are non-refundable.

Address for Return / Exchanges:
Wichita Wings Merchandise   |   10500 E. Berkeley Sq. Pkwy.   |   Suite 100   |   Wichita, KS  67206

Orders for Orange Army memberships are final.

Shipping. 
Orders received by noon, Central Standard Time, Monday through Friday (excepting national holidays) will be shipped by the end of that day.  Orders received after noon, will be shipped on the next business day.

Indemnification. 
You agree to defend, indemnify and hold harmless the Company and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, your breach of these Terms of Use or your use of items purchased on the Site.

Termination. 
These Terms of Use are effective unless and until terminated by either you or the Company. You may terminate Terms of Use at any time, provided that you discontinue any further use of this Site. The Company also may terminate Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the Company’s sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of the Terms of Use by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The Company’s right to any Comments shall survive any termination of Terms of Use. Notwithstanding any termination, these Terms of Use will continue to apply to any purchases made on the Site or use of the Site prior to such termination.

Disclaimer. 
This site is provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, the Company disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the Site that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

Limitation of Liability. 
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall the Company or any of its affiliates, employees, directors, officers, agents, vendors, or suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the Company has been advised of or should have known of the possibility of such damages. In no event will the Company be liable for any damages in excess of the fees paid by you for products purchased on the site during the six month period preceding the date on which the claim arose or $100.00, whichever is less.

Governing Law. 
The laws of the State of Kansas shall govern these Terms of Use. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in Sedgwick County, Kansas for all matters arising in connection with these Terms of Use or your access or use of the Site. Any claims asserted by you must be asserted in writing to the Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Severability. 
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. 
The failure of the Company to partially or fully exercise any rights or the waiver of the Company of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver by the Company of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of the Company under these Terms of Use and any other applicable Agreement between you and the Company shall be cumulative, and the exercise of any such right or remedy shall not limit the Company’s right to exercise any other right or remedy.

International Access. 
The Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.