Terms of Service

1. Acknowledgment

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THIS WEBSITE

These are the Terms of Use governing the use of this Service and the agreement that operates between You and DRFC. These Terms of Use set out the rights and obligations of all users regarding the use of The Site.

Your access to and use of The Site is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use The Site.

By accessing or using The Site You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access The Site.

Welcome to the official Delaware Rising Football Club website (“Site”).

Any reference in these Terms of Service to:
“We”, “Us” or “Our” includes Delaware Rising Football Club (DRFC); “You” or “Your” means You as a User of the Site; and “User(s)” means all and any users or viewers of the Site.

You represent that you are over the age of 18. DRFC does not permit those under 18 to use The Site, unless You have explicit permission from a parent or legal guardian.

Your access to and use of The Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of DRFC. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

We reserve the right to change these Terms of Use when need be with immediate effect. You should check this page regularly for any changes that may affect You. Your use of the Site following a change shall be deemed to be Your acceptance of any change. 

Squarespace, Inc., through which our Site is hosted, is deemed a third-party beneficiary of these Terms and our Privacy Policy,

These Terms of Use were last updated on February 24th, 2022.

2. User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access The Site and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

3. Commerce

DRFC manages its own commerce, but is hosted by the third-party Squarespace, and payment is processed through third-parties like PayPal, Stripe, and Apple Pay.

3.1 Sales

All sales are subject to and expressly conditioned upon these Terms of Service of Sale set forth herein. No variation of these Terms of Service shall be binding on seller unless agreed to in writing and signed by an officer or other authorized representative of seller.

We accept orders online through our website. You may also send an email to DelawareRising@gmail.com.

All sales are subject to DRFC review and approval before shipment is made. In the event that an item is listed at an incorrect price or you are ineligible to order such item(s), DRFC shall have the right, at DRFC’s sole discretion, to refuse or cancel any orders placed for that item. Any order placed online is subject to DRFC’s approval.

3.2 Delivery

Purchases are sent promptly within a week of purchase using either USPS or Fedex services. However, items listed as pre-orders may take numerous months to be produced and sent out to fulfill orders. We hold the right to refund your pre-order at Our discretion, and will likely do so in rare circumstances. If You would like an update on an order, please reach us at: DelawareRising@Gmail.com

We are not liable for shipping damages, but can determine if a replacement item is necessary given that the Buyer sends information/pictures regarding the damaged product. This allows us to pursue the carrier for the loss in damaged goods.

Tracking information can be made available upon request, but is not required from Us.

3.3 ReFUNDS/RETURNS

To be eligible for a refund, you have to return the product within 30 calendar days of Your purchase. The product must be in the same condition that you receive it and undamaged in any way. We do not cover the cost of return shipping. After we receive your item, We will inspect it and process your refund. The money will be refunded to the original payment method You’ve used during the purchase.

Credit card payments may take 5 to 10 business days for a refund to show up on Your credit card statement. If the product is damaged in any way, or You have initiated the return after 30 calendar days have passed, You will not be eligible for a refund.

If anything is unclear or you have more questions feel free to contact us at: DelawareRising@gmail.com

3.4 Payment Methods

Payment for sales through The Site can be made through a variety of third-party processors such as, PayPal, Stripe, and Apple Pay.
As mentioned refunds will be made out to the original payment method You’ve used.

3. Content

3.1 Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to The Site, including its legality, reliability, and appropriateness.

By posting Content to The Site, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You retain any and all of Your rights to any Content You submit, post or display on or through the Site and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Site, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through The Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

3.2 Content Restrictions

DRFC is not responsible for the content of The Site's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, worms, malware, trojan horses, or other content that isdesigned or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including DRFC and its employees or representatives.

  • Violating the privacy of any third person.

  • False information and features.

DRFC reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. DRFC further reserves the right to make formatting and edits and change the manner of any Content. DRFC can also limit or revoke the use of the Site if You post such objectionable Content. As DRFC cannot control all content posted by users and/or third parties on The Site, you agree to use The Site at your own risk. You understand that by using the Site You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will DRFC be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

3.3 Content Backups

Although regular backups of Content are performed, DRFC does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

DRFC will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that DRFC has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of The Site.

4. Copyright Policy

4.1 Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on The Site infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through The Site, You must submit Your notice in writing to our attention via email (DelawareRising@gmail.com) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

●  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

●  A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

●  Identification of the URL or other specific location on the Site where the material that You claim is infringing is located.

●  Your address, telephone number, and email address.

●  A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

●  A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact us via email (DelawareRising@gmail.com). Upon receipt of a notification, DRFC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

4.2 Intellectual Property

The Site and its original content, features and functionality are and will remain the property of DRFC and its licensors.

The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DRFC.

4.3 Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide DRFC. If for any reason such assignment is ineffective, You agree to grant DRFC a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

4.4 Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by DRFC.

DRFC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that DRFC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

5. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use The Site will cease immediately. If You wish to terminate Your Account, You may simply discontinue using The Site.

6. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of DRFC and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Site or 100 USD if You haven't purchased anything through the Site.

To the maximum extent permitted by applicable law, in no event shall DRFC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use The Site, third-party software and/or third-party hardware used with The Site, or otherwise in connection with any provision of this Terms), even if DRFC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Site is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, DRFC, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to The Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, DRFC provides no warranty or undertaking, and makes no representation of any kind that The Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither DRFC nor any of DRFC's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of The Site, or the information, content, and materials or products included thereon; (ii) that The Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through The Site; or (iv) that The Site, its servers, the content, or e-mails sent from or on behalf of DRFC are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

7. Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and Your use of The Site. Your use of the Application may also be subject to other local, state, national, or international laws.

8. Disputes Resolution

If You have any concern or dispute about The Site, You agree to first try to resolve the dispute informally by contacting DRFC.

9. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

10. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

11. Severability and Waiver

11.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

11.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Contact Us

If you have any questions about these Terms of Use, You can contact us by sending us an email: DelawareRising@gmail.com

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