Terms of Sale
TERMS OF SALE
These Terms of Sale apply to your in-store and online shopping experience with The Exchange Running, Inc. IF YOU DO NOT AGREE TO THESE TERMS OF SALE (“TERMS”), PLEASE DO NOT MAKE AN IN-STORE PURCHASE OR PLACE AN ONLINE ORDER FROM THE EXCHANGE RUNNING, INC. (WHICH WE MAY REFER TO AS “THE EXCHANGE RUNNING,” WE,” “US,” OR “OUR”).
By shopping in our store or placing an online order with us, you are agreeing to be bound by these Terms. If you do not agree to these Terms, please do not make a purchase from us and/or return any eligible purchase within the return window described in these Terms.
Terms of Sale
- Applicability of these Terms of Sale. These Terms of Sale (“Terms”) apply to your shopping, orders, purchases, and returns at our physical retail stores (each a “Retail Store”), and our website that allows you to place an order online (“Online Store”). Retail Stores and Online Stores are collectively referred to in these Terms our “Stores”.
- Shopping with us online. To complete your purchase at our Online Store, you must provide your full name, e-mail address, valid shipping address, and payment method to place an online order. When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will notify you by email and will not process the order for that product.
- The total price specified in the final check out screen on our Online Store includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the order confirmation for Online Store orders. For Retail Store purchases, actual tax and shipping costs (if applicable) will appear on your printed receipt. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement.
- Payment Methods. The product prices displayed on products, packaging, signage, or otherwise posted within the Store do not include sales tax. Shipping rates are applied per order. We accept several payment methods at check out at our Stores. Please do not try to pay using any payment method not posted at the our Stores. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action. If you pay by credit or debit card, we will deduct the full purchase amount from your account when your order is placed.
- Shipping and Delivery. We only ship orders to valid delivery addresses within the United States. Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment, and contact us for assistance.
- Returns; Refunds. Unless otherwise stated in our Store (e.g., marked as “Final Sale”), you can return your in-store purchase for a cash refund by bringing the product(s) back to our store unworn and in their original packaging within fourteen (14) days of purchase. Unless otherwise stated in our Store (e.g., marked as “Final Sale”), you can return your online purchase for a cash refund by shipping the products back to our store within fourteen (14) days of delivery of your order. You can also return online orders in our Retail Store for a cash refund by bringing the products back to our store unworn and in their original packaging within fourteen (14) days delivery of your order.
- We have the right to reject your purchase or cancel your online order. Sale of products and fulfillment of all orders at our Stores is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than refunding the amount for the order.
- Title transfer and risk of loss. Title and risk of loss for products purchased from our Online Store pass to you upon delivery of the order to you. Title and risk of loss for products purchased from our Online Store and picked up at Retail Store, or purchased directly from our Retail Store, will pass to you upon your receipt of those products. Title to the products will not transfer until full payment has been received.
- Indemnification and Release. You agree to defend, indemnify, and hold harmless The Exchange Running, Inc., its agents, subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors (the “Indemnified Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any of our Stores, or any violation of these Terms of Sale, any law or the rights of any third party. You further agree to defend and indemnify any and all loss, damages, judgments, awards, costs, expenses and attorney’s fees of the Indemnified Parties. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Indemnified Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any of our Stores.
Limitation of Liability. These Terms of Sale set out the full extent of our agreement and understanding with respect to any claim arising from, or related to, your shopping, orders, purchases, returns, access, or use of our Stores. To the extent permissible by applicable law, the maximum aggregate liability of The Exchange Running, Inc. arising from or relating to these Terms, whether in contract, warrants, tort, strict liability, statute, or otherwise, shall be limited to the amount you paid to us for the products purchased in the relevant transaction. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO OUR STORES. YOUR ONLY REMEDY AGAINST THE EXCHANGE RUNNING, INC. IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO ITS STORES OR ANY CONTENT IS TO STOP USING OR ACCESSING ITS STORES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE EXCHANGE RUNNING, INC.’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW AND THESE TERMS.
No warranties. The Exchange Running, Inc. provides access to its Stores on an "as is" and “as available” basis and do not make any warranty, express, implied, limited, or other, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement for any product and on all purchases. All such representations and warranties are expressly disclaimed.
- Dispute Resolution; Jurisdiction; Venue; Attorney Fees. This Agreement, or any dispute arising from this Agreement, is governed by the laws of Tennessee, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the state or federal courts for Davidson County, Tennessee, and you hereby consent to the jurisdiction of any such court. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs incurred in litigating or otherwise settling or resolving such action. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, YOUR USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Right to Assign; Severability; Waiver; Entire Agreement. The Exchange Running, Inc. may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The failure of The Exchange Running, Inc. to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision. These Terms constitutes your entire Agreement with The Exchange Running, Inc. with respect to any shopping and purchase activities.
These Terms of Sale may change at any time.
These Terms of Sale are subject to change at any time at The Exchange Running, Inc.’s discretion. Your continued access and use of our Store constitutes your acceptance of the changes to the Terms of Sale. The most current version of this Agreement replaces all previous versions.
- Confidentiality. It is our policy to release a user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting these Terms of Sale, you waive all rights and agree to hold The Exchange Running, Inc. harmless from any claims resulting from any action taken by The Exchange Running, Inc. during or as a result of its investigations, and/or from any actions taken as a consequence of investigations by either the Website or law enforcement authorities.