Terms and Conditions
Terms & Conditions of Sports Spectrum Magazine Subscriptions
1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:
“Company” or “we” refers to Sports Spectrum, a division of Pro Athletes Outreach, a Colorado not for profit corporation, based in Highlands Ranch, CO
“Customer” or “you” means the entity or individual which has accepted these Terms by submitting an order for a Subscription to the Company;
“Magazines” means the Company’s magazines and online magazine.
“Order Acceptance” means confirmation by the Company in writing (by email) that your order has been accepted;
“Promo Code” refers to special offers that provide discounted initial subscriptions
“Site” means http://www.sportsspectrum.com;
“Subscriptions” mean those subscriptions to the Magazines ordered by the Customer to be supplied by the Company pursuant to these Terms;
1.2 In these Terms:
1.2.1 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders;
1.2.2 headings are for reference only and do not affect the meaning or interpretation of these Terms;
1.2.3 references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
1.2.4 any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
2. Basis of contract
2.1 These Terms shall apply to the sale by the Company of all Subscriptions purchased by the Customer via the Site, telephone, or by mail and these Terms shall govern each Contract (defined below). All prices are quoted in U.S. dollars. These Terms override any contrary terms or conditions published by us in relation to any order placed by you with the Company.
2.2 When you complete the order form on the subscription page of this Site and click “Subscribe”, or you post or telephone the Company with details of your order, you are making an offer to take out a Subscription which if accepted by the Company in accordance with these terms, will result in a binding contract between you and the Company (a “Contract”).
2.3 Acceptance of the order and completion of the Contract shall take place on the date of the Company’s Order Acceptance. We reserve the right not to fulfill and to cancel orders if we are unable to obtain payment authorization from the issuer of your payment card.
2.4 You must be at least 18 years of age to purchase subscriptions or other offered products.
2.5 We may change or add to these Terms for security, legal, or regulatory reasons. We will give you at least one month’s notice via email of any changes or additions that affect your rights or obligations. You may end this Contract at any time by giving one month’s notice in writing if we tell you that we are going to change these Terms.
3.1 If placing an order on-line your credit/debit card will be debited with the cost of the Subscription(s) when the Company sends you an Order Acceptance unless the Company notifies you otherwise.
3.2 Subject to clause 3.3 below, the price to be paid by the Customer is the price displayed on the Site at the time when the order is received by the Company.
3.3 In the event that the Company discovers an error in the price of the Subscriptions ordered by the Customer, the Company shall notify the Customer as soon as possible providing the Customer the option of either re-confirming the order at the correct price or cancelling the order. If the Company is unable to contact the Customer for the purposes of this clause 3.3, the order shall be deemed cancelled and where the Customer has already made payment for the Subscriptions this shall be refunded in full.
3.4 Payment can be made online by one of the following credit or debit cards: American Express, Visa, Mastercard, and Discover. Payment can be made via mail with personal check or money order made out to “Sports Spectrum Magazine” and mailed to Sports Spectrum Magazine, 640 Plaza Drive, Suite 110, Highlands Ranch, CO 80129
3.5 All prices include shipping to the continental United States and Canada. The Customer is subject to additional fees for shipping addresses outside of the continental United States and Canada.
4.1 When ordering Subscriptions from the Site for delivery overseas the Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Customer; the Company has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so the Customer should contact its local customs office for further information. Additionally, please note that when ordering from the Site, you are considered the importer of record and must comply with all laws and regulations of the country in which the Subscriptions are received. We would like our international Customer to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
4.2 Typically, the Company will commence the Subscriptions within three weeks of receiving payment. Sports Spectrum magazine is a quarterly publication with issues being printed and fulfilled in or around March, June, September, and December. Processing and shipping may result in a delay of initial Magazine of 2-4 weeks from the purchase date.
4.3 The Company’s liability to you in the event of issues of your Subscriptions being lost in the post shall be limited to the replacement of the missing issues of your Subscription(s).
4.4 Notwithstanding clause 4.2 above delivery dates are estimates only and time of delivery is not of the essence. We will deliver the magazines to the address you notify to us when you place your order. You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
5. Contract auto-renewal, promo codes, cancellation, and refunds
5.1 Available subscription types and pricing are subject to change by the Company without notice.
5.2 Auto-renewing subscriptions will renew 1-year from the original date of purchase, unless cancelled in accordance with item 5.7 of these Terms.
5.3 Subscriptions will renew at the price of selected subscription type as posted on the Sports Spectrum website at the time of renewal.
5.4 If the original subscription was at a discounted rate or had a “promo code” applied, the price will revert to the posted full-price for that subscription type at the time of auto-renewal processing. All discounts and “promo codes” expire after the completion of original subscription term unless otherwise noted.
5.5 Existing subscribers may not re-use “promo codes” after the completion of the original subscription term. In general, existing subscribers are not eligible for “promo codes” unless otherwise noted.
5.6 To cancel a subscription, the Customer must call Sports Spectrum customer service at the phone number provided on the Site, submit a request for cancellation via the ‘contact us’ portal on the website, or submit a request in writing to the Company’s physical address listed in these Terms or provided on the Site.
5.7 To avoid a renewal of contract, all requests for cancellation must be received 15-days prior to the next draft date.
5.8 Cancellation requests submitted prior to fulfillment of the final issue of the original subscribed amount are subject to a prorated refund based on the original purchase amount.
6. Warranties and liability
6.1 The Subscriptions are directed solely at those who access the Site from the United States. The Company makes no representation that any Subscription is appropriate for use or available in other locations. Furthermore any Customer accessing the Site from locations outside of the United States is responsible for compliance with local laws if and to the extent local laws are applicable.
6.2 The Company’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall be limited to a sum equal to the amount paid or payable by the Customer for the Subscriptions.
6.3 To fullest extent permitted under applicable law any indemnities, warranties, terms and conditions (express or implied) are hereby excluded.
6.4 The Company shall not be liable in contract, tort (including limitation negligence), or otherwise arising out of or in connection with the Terms for any:
6.4.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
6.4.2 loss of goodwill or reputation; or
6.4.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under these Terms.
7. License and Intellectual Property Rights
7.1 You are permitted to copy or print and download one (1) copy of extracts from Magazines for your own use on the following basis:
7.1.1 no documents or related graphics in the Subscriptions are modified in any way;
7.1.2 no graphics in the Subscriptions are used separately from accompanying text;
7.1.3 the Company’s copyright and trademark notices appear in all copies; and
7.1.4 the materials are not used for monetary gain;
You are not permitted to copy, print or download any Magazines (or extracts of Magazine) for public use or distribution to any third parties without the express written permission of the Company.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material contained on or in the Magazines (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Magazines other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, the Company has the right to terminate your Subscriptions without prior notice or refund obligations. In such event, you agree to immediately destroy any copied, downloaded or printed Magazine extracts.
7.3 Any rights not expressly granted in these Terms are reserved.
8. Miscellaneous provisions
8.1 This Contract shall be governed by the laws of the United States and State of Colorado and any dispute will be resolved exclusively in the courts of the State of Colorado. You and the Company agree that exclusive venue for any suit concerning these Terms shall be Douglas County, Colorado.
8.2 The Company shall be under no liability for any delay or failure to deliver Subscriptions or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.3 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
8.5 No delay or failure by the Company to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of the Company.
8.6 These Terms including the documents or other sources referred to in these Terms supersede all prior representations undertakings and agreements between the Customer and the Company relating to the use of this Site (including the order of Subscriptions) and sets forth the entire agreement and understanding between the Customer and the Company.
8.7 If you have any queries or comments about your Subscription, please contact our customer services team:
Mail: Sports Spectrum Magazine, 640 Plaza Drive, Suite 110, Highlands Ranch, CO 80129
CUSTOMER AGREES THAT THESE TERMS ARE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, CUSTOMER SHOULD NOT SUBMIT AN ORDER FORM FOR A SUBSCRIPTION.