Website General Terms & Conditions of Sale 

• THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH AKCM, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products through www.AKCMerch.com (the "Site") to you and/or the company you are authorized to represent ("you" or “your” as the context may require). The performance of AKC Marketing & Consulting, Inc. (referred to as "us", "we", or "our" as the context may require) is expressly made conditional upon your agreement to these terms and conditions of sale. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition to these terms and conditions are hereby rejected and shall be inapplicable and not binding upon us. These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 10).

2. Branded & Private Label Purchase Policies.

AKCM requires that all authorized customers ("you" or "authorized customer") strictly adhere to its purchase policies for certain companies, including, without limitation:

• all Nike, OGIO®, The North Face®, Carhartt®, Champion®, Cotopaxi®, TravisMathew, New Era®, Eddie Bauer®, Red Kap®, Spacecraft®, Tommy Bahama®, Brooks Brothers®, Bulwark®, Alternative Apparel, Wink™, and Russell Outdoors™ apparel and accessories (hereinafter referred to as "Branded"); and
• all Port Authority®, Port & Company®, Sport-Tek®, CornerStone®, District®, Volunteer Knitwear™, Mercer+Mettle™, Red House®, and Allmade® apparel and accessories (hereinafter referred to as "Private Label").

The current purchase policy for Branded and Private Label products is as follows:

1. AKCM will sell Branded and Private Label products only to customers who, in the sole discretion and judgment of AKCM: (a) do not advertise, promote, distribute, resell or market Branded or Private Label products; and (b) do not imply endorsement or sponsorship of, or affiliation or collaboration with, Branded or Private Label products without the express prior written consent of AKCM and the owners of such Branded or Private Label products.
2. Branded and Private Label products are sold with embellishment only and shall not be embellished further by you.
3. AKCM prohibits logos, emblems, or designs on products that negatively impact any Branded and Private Label brands including, without limitation, logos, emblems, and designs that are obscene, vulgar, advocate or display violence or illegal activity, relate to the firearms, ammunition and/or tobacco, and/or relate to sex (including gentlemen’s clubs) and pornography industries.
4. AKCM acknowledges that Branded and Private Label brands are socially, politically and environmentally conscious brands, and accordingly, AKCM reserves the right to prohibit logos, emblems and designs that, in its sole and absolute discretion, run counter to, or are inconsistent with, Branded and Private Label brand identity.
5. AKCM prohibits the decoration of any Branded and Private Label garment with the proprietary mark, name or logo of any professional athletic organization, collegiate institution or high school without the prior written authorization of AKCM.
6. Certain Branded and Private label brands only allow sales of Blank products for uniforming purposes, and AKCM reserves the right, in its sole and absolute discretion, to prohibit sales of Blank products to you.
7. AKCM prohibits traditional retail and non-redemption and non-reward, gratis giveaways of Branded and Private label products which are promotional in nature.
8. All Branded and Private label products must be placed only in non-traditional retail stores, such as a corporate gift shop, company store or other nontraditional retail location, and in no case may any Branded and Private label products be sold into traditional retailers without the express written approval of AKCM, such as by way of example but not limited to: mass retailers (Wal Mart, K Mart and Target); Warehouse clubs (Costco, Sam’s Club and so on); better department stores (Macy's, Dillard's and so on); mid-tier department stores (Kohl's, J C Penney, and Sears); Home/Hardware stores (Lowe's, Home Depot, Ace Hardware); Home Shopping (HSN, QVC); Internet retailers (Amazon.com, Zappos.com and so on); sporting goods and outdoor retailers (Dick's, The Sports Authority, Cabela's and so on); or any other retailer. AKCM may withhold its approval to any traditional retailer in AKCM’s sole discretion. ANY VIOLATION OF THE FOREGOING TERMS SHALL REQUIRE YOU TO PAY AKCM DAMAGES IN THE AMOUNT OF THREE (3) TIMES THE PRICE YOU PAID AKCM FOR SUCH PROHIBITED SALES IN ADDITION TO ALL OTHER AVAILABLE REMEDIES.

3. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
4. Prices and Payment Terms.
5. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be sent out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
6. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
7. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept American Express, Visa, MasterCard business checks and electronic funds transfers for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
8. Shipments; Delivery; Title and Risk of Loss.
9. We will arrange for shipment of the products to you directly from our distributor. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.
10. Title and risk of loss pass to you upon transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
11. Returns and Refunds. Altered or embellished products, with the exception of irregular items, are non-returnable. However, if you discover any discrepancies or defects in the product during inspection that deviate from the originally agreed-upon order, you may return the item for credit at the initially agreed-upon price. Please note that you are responsible for inspecting the products upon receipt. Any complaints or notice of defects must be made within thirty (30) days of discovery to be considered timely. To return products, you must call 1(800)331-1700 or email our returns department at info@akcmarketing.com. In the event a return is authorized in accordance with the foregoing terms and conditions, your refund will be credited back to the same payment method used to make the original purchase.
12. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

9. Goods Not for Resale or Export. You represent and warrant that you are buying products, which may include, without limitation, Branded and Private Label products, from the Site for your own personal, household or company use only, and not for resale or export, except as explicitly set forth herein. You further represent and warrant that all purchases, including without limitation, Branded and Private Label products, are intended for final delivery to locations within the US.
10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.akcmarketing.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. This Site is operated from the U.S. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Iowa.
13. Dispute Resolution and Binding Arbitration.
14. YOU AND AKC MARKETING & CONSULTING, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

13. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If a party prevails on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to that party as provided by law.

1. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AKC MARKETING & CONSULTING, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AKC Marketing & Consulting, Inc.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. Notices.
18. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
19. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to AKC Marketing & Consulting, Inc., 8961 Thomas Avenue, Johnston, IA, 50131. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
20. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
21. Entire Agreement. These Terms, our Website Terms of Use, our Privacy Policy and any other agreement, term or policy explicitly referenced herein, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.