Terms of Service

Last updated: December 3, 2024

Terms of Service

OVERVIEW

This website is operated by McCormick&Sterling ("we," "us," or "our"). By accessing and using this site, you agree to be bound by the following terms and conditions ("Terms of Service," "Terms"). These Terms apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and contributors of content.

Please review these Terms of Service carefully before accessing or using our website. Your access to or use of any part of the site constitutes acceptance of these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction when using the Service.

A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason. Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on this site is accurate, complete, or current. The material on this site is for general information only and should not be relied upon as the sole basis for decision-making. Any reliance on the material is at your own risk.

We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Promotional Codes and Discounts

Promotional codes and discounts are offered at our discretion and may be revoked or modified at any time. Unless otherwise specified:

  • Promotional codes must be entered at checkout to be valid
  • Codes cannot be combined with other offers or discounts
  • Codes cannot be applied retroactively to previous purchases
  • We reserve the right to cancel orders that use invalid or expired promotional codes
  • Promotional codes have no cash value and cannot be transferred or sold
  • Specific products may be excluded from promotional offers

We reserve the right to limit the number of promotional codes per customer and to modify or cancel any promotion without notice.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and may have limited quantities. These products are subject to return or exchange only in accordance with our Return Policy. Perishable items (such as food, flowers, or other items with an expiration date) are not eligible for returns.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction and to limit the quantities of any products or services offered.

Custom Text Personalization

"Custom text personalization" refers to the ability to add specific text elements (such as names, numbers, or dates) to designated areas on select products where such option is explicitly offered.

Personalization Terms:

  • Text personalization is only available on products where specifically indicated
  • Each product with personalization options will clearly state which text elements can be customized (e.g., jersey numbers, names, dates)
  • Personalized items are considered custom orders and are final sale unless defective
  • We reserve the right to decline any personalization request that violates our content guidelines

Text Guidelines:

  • We do not accept personalized text that contains:
  • Profanity or offensive language
  • Hate speech or discriminatory content
  • Contact information (phone numbers, emails, addresses)
  • Copyrighted phrases or slogans
  • Any content we deem inappropriate or harmful

Production and Delivery:

  • Please review your personalization text carefully before submitting your order
  • We are not responsible for errors resulting from incorrect text submission
  • Personalized orders may require 1-2 additional business days for processing
  • Once a personalized order is in production, it cannot be modified or cancelled

Quality and Acceptance:

  • Minor variations in text placement are normal and not considered defects
  • Personalized items will be considered accepted unless reported defective within 48 hours of delivery
  • Clear photos must be provided to document any defects in personalization

Product Specifications and Variations

Colors and Appearance: Due to variations in computer and mobile device displays, we cannot guarantee that the color you see on your screen will exactly match the physical product. Slight variations in color between the digital display and actual product are normal and not considered defective.

Sizing Information: While we provide detailed size charts for our apparel, fit may vary based on style, fabric, and personal preference. We recommend reviewing our size charts carefully before purchasing. Measurements provided are approximate and may vary slightly due to the manufacturing process.

Jewelry Care and Disclaimers: Our jewelry items are not recommended for use during swimming, showering, or exercise. We are not liable for tarnishing or damage caused by exposure to water, chemicals, or excessive wear. Some individuals may experience skin reactions to certain metal alloys - please discontinue use if irritation occurs.

Apparel Care: Care instructions are provided as guidelines only. We are not responsible for damage resulting from improper care or cleaning methods. Following provided care instructions does not guarantee against normal wear and tear, shrinkage, or color fading.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. In such cases, we may notify you by contacting the email and/or billing address provided.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties or conditions.

Any use of optional tools offered through the site is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials, and we do not warrant and will not be liable for any third-party materials or websites.

Please review the third party's policies and practices carefully before engaging in any transaction with them.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send us submissions (such as contest entries), or without a request from us you send creative ideas, suggestions, proposals, or other materials (collectively, "comments"), you agree that we may, at any time, use and publish those comments without restriction.

We may, but have no obligation to, monitor, edit, or remove content that we determine to be unlawful, offensive, or otherwise objectionable.

Social Media and Customer Content

By sharing photos, videos, or other content featuring our products on social media platforms or tagging our business (@McCormick&Sterling or #McCormickAndSterling), you grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such content for marketing and promotional purposes. You represent that you own or have the necessary rights to grant us this license.

We may feature customer-submitted content on our website, social media, or marketing materials. While we will attempt to credit the original creator when possible, we reserve the right to use such content without attribution. You may request removal of your content by contacting us at support@mccormickandsterling.com.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which explains how we collect, use, protect, and handle your personal data, including information about cookies, marketing communications, and your privacy rights. Please review our Privacy Policy for more details.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors or update information at any time without prior notice.

We undertake no obligation to update or clarify information in the Service except as required by law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform unlawful acts, to violate any laws, or to infringe upon or violate our intellectual property rights or the rights of others, among other prohibited uses.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, or error-free. You agree that your use of the service is at your sole risk. The service and all products provided through the service are provided "as is" and "as available," without any warranties, either express or implied.

In no case shall McCormick&Sterling, its directors, officers, employees, affiliates, or agents be liable for any damages arising from your use of the service or products, including any errors or omissions in any content. Our liability is limited to the amount paid by you for the product or service in question.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold McCormick&Sterling, its affiliates, partners, and employees harmless from any claim or demand arising from your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms, not affecting the validity of the remaining provisions.

SECTION 16 - TERMINATION

These Terms of Service are effective until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site. If we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, along with any policies or rules posted by us, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Montana, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion. It is your responsibility to check our website periodically for changes. Major changes may be communicated via email or posted as a notice on our website. Your continued use of the website following the posting of changes constitutes acceptance of those changes.

SECTION 20 - INTELLECTUAL PROPERTY

Ownership
All original designs, artwork, text, and phrases displayed on this website, including but not limited to T-shirt designs, slogans, and graphic elements, are the exclusive property of McCormick&Sterling. These works are protected under applicable copyright laws, common law trademark rights, and other intellectual property laws. Any unauthorized reproduction, distribution, modification, or use of these materials is strictly prohibited. By accessing our website or purchasing our products, you agree not to replicate, distribute, or otherwise use any of our designs, phrases, or artwork for any purpose without our explicit written permission. Any unauthorized use may result in legal action to protect our brand and its distinctive elements.

Prohibited Commercial Use
The designs, phrases, and artwork featured on McCormick&Sterling products are intended for personal, non-commercial use only. You may not reproduce, sell, resell, or otherwise commercially exploit our designs or phrases in any way, including but not limited to use on apparel, accessories, or other merchandise, without express written consent from McCormick&Sterling. Unauthorized commercial use of our intellectual property may result in legal action.

Trademark Notice
Certain phrases, symbols, and designs featured on this website, including those marked with ™, are claimed as trademarks of McCormick&Sterling, whether registered or unregistered. These trademarks signify unique products, expressions, or designs associated with our brand and are protected under trademark law. Unauthorized use of our trademarks in connection with the sale of goods or services without permission is prohibited.

Copyright Notice
All designs, artwork, and visual elements on this website are protected by copyright as of their creation date. Unauthorized reproduction, distribution, or display of any copyrighted materials is prohibited. Any infringement of our copyright-protected works may result in legal action, including claims for damages.

Protection Against Substantially Similar Designs

McCormick&Sterling’s original designs, artwork, and phrases are protected under applicable copyright and trademark laws, including protections against substantially similar reproductions. Any reproduction, distribution, or creation of derivative works that closely resemble our original designs—whether by altering colors, fonts, layouts, or other minor details—will be considered unauthorized and may be subject to legal action. McCormick&Sterling reserves the right to enforce its intellectual property rights to the fullest extent of the law, including claims against substantially similar copies that seek to replicate the distinctive elements of our products.

Reporting Infringements
We take intellectual property protection seriously. If you believe any content on this website infringes on another party's intellectual property rights, or if you suspect unauthorized use of McCormick&Sterling’s designs or phrases, please contact us at support@mccormickandsterling.com.

SECTION 21 - CONTACT INFORMATION

If you have any questions about these Terms of Service, contact support@mccormickandsterling.com.