Terms and Conditions
Acceptance of Terms
Welcome to the website (the "website") of Altimate Merchandise. On this website,
Altimate Merchandise makes available to you a wide range of products.
WEBSITE. By accessing and using this website in any way, including, without
limitation, browsing the website, using any information, using any content, using any
services, downloading any materials, and/or placing an order for products you agree to
DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN
of Use are entered into by and between Altimate Merchandise and you. If you are using
the website on behalf of your employer, you represent that you are authorized to accept
Altimate Merchandise reserves the right, at Altimate Merchandise’s sole discretion, to
Use of Materials Limitations
All materials contained in the website are the copyrighted property of Altimate
Merchandise, its subsidiaries, affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary to Altimate Merchandise, or
its subsidiaries or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services on this website are for your
personal and non-commercial use, and you may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, products or services obtained from the website without the written
permission from Altimate Merchandise.
Altimate MerchandiseTM and altimatemerchandise.com – Notice of Privacy ("Notice”)
Updated and Effective June 25, 2019.
This Notice sets forth how Altimate MerchandiseTM and altimatemerchandise.com
utilize and protect information collected from you by Altimate MerchandiseTM and
altimatemerchandise.com. In general, this Notice sets forth: (i) What kind of personal
information is collected; (ii) How your information is used; (iii) What options you have
about how / whether your data is collected and used; (iv) Your access to your data; and
(v) Security. Please direct any questions about this Notice of Privacy to our Customer
computer's hard drive. Upon your agreement, the file is added and the cookie helps
analyze web traffic or lets you know when you visit a particular site. Cookies allow web
applications to respond to you as an individual. By gathering and remembering
information about your preferences, the web application can tailor its operations to your
needs, likes and dislikes. To identify which pages are being used we use traffic log
cookies. This helps us improve our website in order to tailor it to customer needs through
analysis about web page traffic data. This information is only used for statistical analysis
purposes and then the data is removed from the system. A cookie does not give us access
to your computer or any information about you, other than the data you choose to share
with us. You can choose to accept or decline cookies. Most web browsers automatically
accept cookies, but usually you can adjust your browser setting to decline cookies if you
prefer. This may prevent you from taking full advantage of the website.
Disclaimers and Other Notices on the User of the
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION,
DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE
PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND ALTIMATE
MERCHANDISE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN
ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALTIMATE
MERCHANDISE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL ALTIMATE
MERCHANDISE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS WEBSITE, USE OR PERFORMANCE OF WEBSITE, DOCUMENTS,
MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS
CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION
WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE
WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALTIMATE
MERCHANDISE ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL
LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE
WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY
ALTIMATE MERCHANDISE MAY MAKE CHANGES TO THE WEBSITE,
INFORMATION, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES,
TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER
INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED
INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSSREFERENCES
TO ALTIMATE MERCHANDISE PRODUCTS, PROGRAMS, AND
SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR
COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT ALTIMATE
MERCHANDISE INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR
SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL ALTIMATE
MERCHANDISE BUSINESS CONTACT FOR INFORMATION REGARDING THE
PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT
UNDER THE CONTROL OF ALTIMATE MERCHANDISE AND ALTIMATE
MERCHANDISE IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. ALTIMATE MERCHANDISE IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. ALTIMATE MERCHANDISE IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY THAT ALTIMATE MERCHANDISE ENDORSES OR
ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
Accounts and Security
If any of the services on the website requires you to open an account, you must complete
the registration process by providing us with true, current, complete and accurate
information as prompted by the applicable registration form, and you will maintain and
promptly update such information to keep it true, current, complete and accurate. You
also will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your account. You agree to
notify ALTIMATE MERCHANDISE immediately of any unauthorized use of your
account or any other breach of security. ALTIMATE MERCHANDISE will not be liable
for any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held liable for
losses incurred by ALTIMATE MERCHANDISE or another party due to someone else
using your account or password. You may not use anyone else's account at any time,
without the permission of the account holder. You acknowledge and agree that certain
services may provide password-restricted access to customer information such as names
and certain terms of your contracts. By using this website and registering for such
services, you consent to ALTIMATE MERCHANDISE’s display of such information via
the services and accept all risks of unauthorized access to such information. If you
provide any information that is false, inaccurate, out of date, or incomplete, or
ALTIMATE MERCHANDISE has reasonable grounds to suspect that such information
is false, inaccurate, not current, or incomplete, ALTIMATE MERCHANDISE may
suspend or terminate your account and refuse any and all current or future use of the
services or any portion thereof. You are responsible for all costs and charges, including
without limitation, phone charges and telecommunications equipment that you incur in
order to use the services.
No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may not use
the Services in any manner that could damage, disable, overburden, or impair any
ALTIMATE MERCHANDISE server, or the network(s) connected to any ALTIMATE
MERCHANDISE server, or interfere with any other party's use and enjoyment of the
website. You may not attempt to gain unauthorized access to services, materials, other
accounts, computer systems or networks connected to any ALTIMATE
MERCHANDISE server or to the website, through hacking, password mining or any
other means. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the website.
Use of Services on the Website
The website may contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photo albums and/or other
message or communication facilities designed to enable you to communicate with others
(each a "Communication Service" and collectively "Communication Services"). You
agree to use the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services or the website, you will not:
Use the Communication Services or the website in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene as to minors, child pornography, racist, lewd, lascivious,
filthy, excessively violent, harassing, indecent, unlawful, or otherwise
objectionable topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, or
other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the rights thereto or have received
all necessary consent to do the same.
Use any material or information, including images or photographs, which are
made available through the website in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in a file that is
Restrict or inhibit any other user from using and enjoying the Communication
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Communication Services or other
user or usage information or any portion thereof.
Use any ALTIMATE MERCHANDISE domain name as a pseudonymous return
email address for any communications that you transmit from another location or
through another service.
Transmit unsolicited or bulk communications to any ALTIMATE
MERCHANDISE account holder or to any ALTIMATE MERCHANDISE.com
or affiliated email address (regardless of whether you use the website to transmit
any such communication).
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the website are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges.
ALTIMATE MERCHANDISE has no obligation to monitor the Communication
Services. However, ALTIMATE MERCHANDISE reserves the right to review materials
posted to the Communication Services and to remove and/or edit any materials in its sole
discretion. ALTIMATE MERCHANDISE reserves the right to terminate your access to
any or all of the Communication Services at any time, without notice, for any reason
ALTIMATE MERCHANDISE reserves the right at all times to disclose any information
as ALTIMATE MERCHANDISE deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in ALTIMATE MERCHANDISE sole
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. ALTIMATE
MERCHANDISE does not control or endorse the content, messages or information found
in any Communication Services and, therefore, ALTIMATE MERCHANDISE
specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Services. Managers and
hosts are not authorized ALTIMATE MERCHANDISE spokespersons, and their views
do not necessarily reflect those of ALTIMATE MERCHANDISE.
Materials uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for adhering to such
limitations if you download the materials.
Materials Provided to ALTIMATE MERCHANDISE
or Posted to the Website
Unless otherwise specified, ALTIMATE MERCHANDISE does not claim ownership of
the materials you provide to ALTIMATE MERCHANDISE (including, without
limitation, information, ideas, concepts, techniques, feedback, data, questions, comments
and suggestions, or the like) or post, upload, input or submit to the website or its
associated services for review by ALTIMATE MERCHANDISE, the general public,
and/or by the members of any public or private community (each a "Submission" and
collectively "Submissions"), and such Submissions shall be deemed not to be
confidential. However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting ALTIMATE MERCHANDISE, its
affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their businesses (including, without limitation, all
ALTIMATE MERCHANDISE services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify,
translate and reformat your Submissions; to publish your name in connection with your
Submission; develop, manufacture, and market products incorporating such ideas,
concepts, or techniques, and the right to sublicense such rights to any supplier of the
services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission, as provided
herein. ALTIMATE MERCHANDISE is under no obligation to post or use any
Submission you may provide and ALTIMATE MERCHANDISE may remove any
Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all
limitation, all the rights necessary for you to provide, post, upload, input or submit the
In addition to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical in whole or in
part ("Images"), you warrant and represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has granted you permission to use
such Images or any content and/or images contained in such Images consistent with the
the website, (b) you have the rights necessary to grant the licenses and sublicenses
including, by way of example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are granting (a) to all members of
your private community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available anywhere
on the website, other than a private community), permission to use your Images in
materials on the website (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, modify, translate and reformat your Images
without having your name attached to such Images, and the right to sublicense such rights
to any supplier of the services and/or materials on the website. No compensation will be
paid with respect to the use of your Images.
You acknowledge that ALTIMATE MERCHANDISE does pre-screen Submissions, and
that ALTIMATE MERCHANDISE and its designees have the right (but not the
obligation) in their sole discretion to block or restrict access to or the availability of, or to
disable, any Submissions that is available via the website. Without limiting the foregoing,
ALTIMATE MERCHANDISE and its designees may disable, restrict access to or the
objectionable. You must evaluate, and bear all risks associated with, the use of any
Submissions, including any reliance on the accuracy, completeness, or usefulness of such
You understand that all Submissions, whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Submissions originated. This
means that you, and not ALTIMATE MERCHANDISE, are entirely responsible for all
Submissions that you upload, post, provide, input, submit, or otherwise transmit via the
website. ALTIMATE MERCHANDISE does control the Submissions posted via the
website but, as such, does not guarantee the accuracy, integrity or quality of such
Submissions. You understand that by using the website, you may be exposed to
Submissions from others that are offensive, indecent or objectionable.
Notices and Procedures for Making Claims of
ALTIMATE MERCHANDISE will investigate notices of copyright infringement and
take appropriate actions under the Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification
of claimed copyright infringement must be submitted to the following Designated Agent
for this website:
Name of agent designated to receive notification of claimed infringement:
Full address of designated agent to which notification should be sent:
154 McCormick Blvd Newark, DE 19702
Telephone number of designated agent:
E-mail address of designated agent:
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the
4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Unsolicited Idea Submission Policy
ALTIMATE MERCHANDISE OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ALTIMATE
MERCHANDISE’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO ALTIMATE MERCHANDISE. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO ALTIMATE MERCHANDISE OR
ANYONE AT ALTIMATE MERCHANDISE. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT ALTIMATE MERCHANDISE MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
Spam E-mail and Postings
You agree that ALTIMATE MERCHANDISE would be irreparably harmed by the use,
by you or others, of the website or facilities in connection with the transmission of spam
ALTIMATE MERCHANDISE is entitled to obtain injunctive relief against any such
transmission (in addition to all other remedies available at law or in equity). ALTIMATE
MERCHANDISE reserves the right to block, filter or delete unsolicited e-mail.
You agree to indemnify, defend and hold ALTIMATE MERCHANDISE, and its
subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your Submissons, your use of the website, including any use by
your violation of any rights of another.
Advertisements and Promotions
ALTIMATE MERCHANDISE may run advertisements and promotions from third
parties on the website. The manner, mode and extent of advertising by ALTIMATE
MERCHANDISE is subject to change. Your correspondence or business dealings with,
or participation in promotions of, advertisers other than ALTIMATE MERCHANDISE
found on or through the website, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. ALTIMATE
MERCHANDISE is not responsible or liable for any loss or damage of any kind incurred
as the result of any such dealings or as the result of the presence of such non-ALTIMATE
MERCHANDISE advertisers on the website.
MERCHANDISE and govern your use of the website, superseding any prior agreements
between you and ALTIMATE MERCHANDISE on the subject matter (including, but not
expressly contradicts any terms of a prior written agreement between you and
ALTIMATE MERCHANDISE in effect as of the date of your use of the website and
specifically regarding your use of the website ("Executed Agreement"), such
contradictory terms set forth in the Executed Agreement shall govern. You also may be
subject to additional terms and conditions that may apply when you use other
ALTIMATE MERCHANDISE services, third-party content or third-party software. You
New Jersey Law and controlling U.S. federal law govern any action related to the Terms
of Use, without regard to the principles of choice of law. The parties specifically disclaim
the U.N. Convention on Contracts for the International Sale of Goods.
ALTIMATE MERCHANDISE controls and operates this website from its headquarters
in various locations in the United States of America and makes no representation that this
website is appropriate or available for use in other locations. If you use this website from
other locations, you are responsible for compliance with applicable local laws including
but not limited to the export and import regulations of other countries.
You acknowledge and agree that material on this website is subject to the U.S. Export
Administration Laws and Regulations. Diversion of such material contrary to U.S. law is
prohibited. You agree that none of the material on this website, nor any direct product
therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly
or indirectly, to proscribed or embargoed countries or their nationals, nor be used for
nuclear activities, chemical biological weapons, or missile projects unless authorized by
the U.S. Government. Proscribed countries are set forth in the U.S. Export
Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Libya,
North Korea, Syria, and Sudan. This list is subject to change without further notice from
ALTIMATE MERCHANDISE, and you must comply with the list as it exists in fact.
You certify that you are not on the U.S. Department of Commerce's Denied Persons List
or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals
List. You agree to comply strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be required.
The failure of ALTIMATE MERCHANDISE to exercise or enforce any right or
parties nevertheless agree that the court should endeavor to give effect to the parties'
remain in full force and effect. Regardless of any statute or law to the contrary, any claim
be filed within one (1) year after such claim or cause of action arose or be forever barred.