Please read the terms below before purchasing any product online from Hashtag Sports. 

1. Applicability

These Terms of Sale (“Terms of Sale” or “Terms”) apply to your shopping, orders, and purchases from Hashtag Sports online any directly affiliated digital stores that enable consumer purchases. These Terms of Sale create a legally binding agreement between you and Activ8Social, LLC d/b/a Hashtag Sports (which we may refer to as “Hashtag Sports,” Hashtag Sports Awards,” “we,” “us,” or “our”) with its principal place of business at 4701 Sangamore Rd, Suite N100 #2312, Bethesda, MD 20816, USA. Hashtag Sports may revise these Terms of Sale at any time. The current Terms of Sale will be posted at hashtagsports.com. The Terms of Sale posted at the time you purchase will govern that purchase. In addition to the Terms of Sale, by shopping and/or purchasing from Hashtag Sports, you acknowledge and agree to by bound by Hashtag Sports’s Terms of Use, Terms of Attendance, and Privacy Policy, which are incorporated herein by this reference.

2. Purchasing Products

2.1 No Purchase for Resale

Purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses, or any third party). If Hashtag Sports determines that a purchase or order is intended for resale, we reserves the right, in our sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any Hashtag Sports policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, business account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds, deny access to any Hashtag Sports event, and/or suspend or close any account.

2.2 How to Purchase

To complete your purchase online or at a digital store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups to be able to use all the functionalities of a digital store, which includes designing customized items, adding items to your shopping cart, and submitting your 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. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.

2.3 Our Right to Reject Your Purchase or Cancel an Order

Sale of products and fulfillment of all orders are 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 repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:

• an Event Outside Our Control (as defined below);
• the product you seek to purchase is not available or in stock;
• your address, billing information or form of payment is incorrect or cannot be verified;
• your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
• there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
• your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
• your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
• your account and/or purchase history shows an excessively high volume of returns;
• there is evidence that you are not eligible to make purchases; or
• in the event of misspelling, pricing or other errors or mistakes at the online or digital store where you wish to order or purchase.

Hashtag Sports will determine whether any of the above events have occurred in its sole discretion.

2.4 Title Transfer & Risk of Loss

Title and risk of loss for products purchased from Hashtag Sports pass to you upon our delivery to the carrier. Title to product(s) will not transfer until full payment has been received.

3. Indemnification and Release

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless Activ8Social, LLC d/b/a Hashtag Sports, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Hashtag Sports 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 Hashtag Sports store or with other Hashtag Sports users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Hashtag Sports 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 Hashtag Sports store or with other Hashtag Sports users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party.

4. Limitation of Liability

These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, ACCESS OR USE OF HASHTAG SPORTS STORES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO HASHTAG SPORTS FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR: ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A HASHTAG SPORTS STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT A HASHTAG SPORTS STORE; OR FOR THE CONDUCT OF HASHTAG SPORTS STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF A HASHTAG SPORTS STORE, EVEN IF HASHTAG SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO HASHTAG SPORTS STORES. YOUR ONLY REMEDY AGAINST HASHTAG SPORTS IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE HASHTAG SPORTS STORES OR ANY CONTENT IS TO STOP USING OR ACCESSING HASHTAG SPORTS STORES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT HASHTAG SPORTS’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

5. Disclaimer of Warranty

HASHTAG SPORTS PROVIDES ACCESS TO HASHTAG SPORTS STORES “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) HASHTAG SPORTS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. HASHTAG SPORTS FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) HASHTAG SPORTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT HASHTAG SPORTS STORES IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY HASHTAG SPORTS AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.

6. Disputes

6.1 Choice of Law, Jurisdiction, Time Limit for Claims

• You agree that these Terms and any dispute between you and Hashtag Sports shall be governed in all respects by Maryland law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
• Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to Hashtag Sports stores (including but not limited to the purchase of Hashtag Sports products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Montgomery County, Maryland, USA.
• You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Montgomery County, MD, USA.
• All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

6.2 Right to Assign, No Waiver Severability

• Hashtag Sports 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. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
• Hashtag Sports’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Hashtag Sports’s rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
• If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

7. Price & Payment

The product prices displayed on products, packaging, signage, or otherwise posted online for purchase do not include sales tax. Shipping rates are applied per order.

Prices are quoted and exclusively payable in US dollars. Prices may change from time to time, but changes will not affect any order which we have confirmed after purchase.

If your local currency is not in US dollars, your bank or credit card issuer will apply exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.

8. Cancellations, Exchanges & Returns

8.1 Cancelling Orders

You may cancel any order free of charge and without giving us any reason within thirty (30) minutes from the time the order was placed. Please note that we begin processing orders placed almost immediately.

8.2 Returning Products After Purchase/Delivery

Unless otherwise stated in the Hashtag Sports online store and after the 30 minute “cooling off” period, ALL PURCHASES ARE FINAL AND NO REFUNDS WILL BE PROVIDED.

8.3 Returns of Defective Product

You are entitled to return products if they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified (as determined by Hashtag Sports in its sole discretion), the purchase price and any shipping costs will be refunded.

8.4 Refund Information

Refunds will be issued to the original form of payment. This applies to all Hashtag Sports store returns.

9. Events Outside of Our Control

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control.

Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.