| The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your creation of an account indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Totally Cheer indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Totally Cheer. Totally Cheer reserves the right to make changes to this site and these terms and conditions at any time.
Copyright and Trademark Notice
This site is owned and operated by Totally Cheer Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Totally Cheer, Copyright © 2004-2008, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Totally Cheer or their respective content providers. All software used on the site is the sole property of Totally Cheer or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Totally Cheer’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Totally Cheer is a registered trademark or service mark of Stardust Performance Wear. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Totally Cheer All other trademarks or service marks are property of their respective owners. The use of any Totally Cheer trademark or service mark without Totally Cheer’s express written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Products Sold
All of Totally Cheer’s products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, Totally Cheer makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Totally Cheer sites. Except as expressly stated herein, Totally Cheer expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Totally Cheer arising from any product sold on the Totally Cheer sites shall be the price of the product ordered. In no event shall Totally Cheer, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer and Limitation of Liability as to the Totally Cheer Web Sites
The Totally Cheer web sites and the materials therein are provided “as is”. Totally Cheer makes no representations or warranties, either express or implied, of any kind with respect to the Totally Cheer sites, their operations, contents, information, materials or year 2000 compliance. Totally Cheer expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Totally Cheer, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Totally Cheer sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
The list price is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. Your savings reflect the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Totally Cheer shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Totally Cheer shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Totally Cheer shall immediately issue a credit to your credit card account in the amount of the charge.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Totally Cheer is not responsible for the operation of or content located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Totally Cheer reserves the right at any time after receipt of your order to accept or decline your order for any reason. Totally Cheer reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Totally Cheer is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Totally Cheer.
Payment
You state that you the authorized cardholder indicated on the Order Form or that you have been authorized by the cardholder to use the credit card indicated on the Order Form. In the event the credit card on the Order Form is dishonored, rejected or later contested for any reason, I agree to pay the amount indicated on the Order Form to Totally Cheer.
Sales Taxes
Totally Cheer shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Ohio. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Service and Support
All requests for service, repair and support should be made directly to the manufacturer in accordance with their terms and conditions. Totally Cheer will provide on-line technical notes and descriptions for most products.
Jurisdiction and Venue
You agree that any legal action brought against Totally Cheer shall be governed by the laws of the State of Ohio without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Totally Cheer sites shall be an appropriate federal or state court located in Medina County Ohio.
Termination
We reserve the right to terminate your account and restrict your use of this site if we have reason to believe you have violated any of these terms and conditions, including providing us with false information and or perpertrating fraudulent activity. Totally Cheer has zero tolerance with regard to fraud. |
