terms & conditions
Agreement between User and www.sgrahaminc.com
Welcome to www.sgrahaminc.com. The www.sgrahaminc.com website (the "Site") is comprised of various web pages operated by S Graham Enterprises Inc ("Graham Athletics"). www.sgrahaminc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.sgrahaminc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.sgrahaminc.com is a News and Information Site.
This site provides information about our company background, our services, how to contact us, and showcases our work.
Privacy
Your use of www.sgrahaminc.com is subject to Graham Athletics's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.sgrahaminc.com or sending emails to Graham Athletics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Graham Athletics does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.sgrahaminc.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Contact us at 877-426-1076 for a return authorization number for unused and undamaged products within 14 days of the date you receive the product. Returns will not be accepted without authorization. Items that are drop shipped directly from other manufacturers are subject to a restocking fee of up to 35% depending on the manufacturer’s policy.
For cancellation, S Graham Enterprises Inc requires a 60 day cancellation notice prior to project start date. Cancellations are subject to a minimum $250 fee for maintenance projects. If products have already been in production with the manufacturer, the customer is responsible for the full price of the product(s) plus a 10% handling fee.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranty
We guarantee all items according to the manufacturers warranty, typically one full year to be free from defects in workmanship or materials when installed and maintained properly. We agree to request the manufacturer to repair or replace, without charge, any item judged defective for either of these reasons and to return the item (or its replacement) freight prepaid. Written Claims under the limited warranty must be made to S Graham Enterprises Inc; and they must be sent freight prepaid. Upon receipt of your written claim, our customer service department will contact you with return instructions.
Payment
Payment terms are due upon order placement, or net 30 with credit approval. We also accept major credit cards for payment. SORRY—NO C.O.D. shipments.
Purchasing
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
Sales Tax
Unless your organization is a branch of the federal government, you must provide to us for each state where you are not subject to sales tax either a resale certificate or state exempt organization certificate, as appropriate. Otherwise, state and local sales taxes will be added. If you are a new customer, your resale certificate or state exempt organization certificate must be sent or otherwise received by us with or before your first order, to document your status as not subject to sale tax. If we do not have on file a resale certificate or state exempt organization certificate, sales taxes will be added for orders shipped to any state where we are required to charge sales tax.
Freight
The cost of Freight will be added to your order. Freight will be billed at the current rate at the time it ships and is entirely dependent on the freight companies. There may be extra charges for LTL shipments for inside delivery, lift gate or residential delivery. For shipment outside the contiguous U.S., call or email for freight costs.
Links to Third Party Sites/Third Party Services
www.sgrahaminc.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Graham Athletics and Graham Athletics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Graham Athletics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Graham Athletics of the site or any association with its operators.
Certain services made available via www.sgrahaminc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.sgrahaminc.com domain, you hereby acknowledge and consent that Graham Athletics may share such information and data with any third party with whom Graham Athletics has a contractual relationship to provide the requested product, service or functionality on behalf of www.sgrahaminc.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.sgrahaminc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Graham Athletics that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Graham Athletics or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Graham Athletics content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Graham Athletics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Graham Athletics or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Graham Athletics account to third party accounts. By connecting your Graham Athletics account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Graham Athletics from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Graham Athletics Content accessed through www.sgrahaminc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Graham Athletics, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Graham Athletics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Graham Athletics in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. S GRAHAM ENTERPRISES INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
S GRAHAM ENTERPRISES INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. S GRAHAM ENTERPRISES INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL S GRAHAM ENTERPRISES INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF S GRAHAM ENTERPRISES INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Graham Athletics reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Graham Athletics as a result of this agreement or use of the Site. Graham Athletics's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Graham Athletics's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Graham Athletics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Graham Athletics with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Graham Athletics with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Graham Athletics reserves the right, in its sole discretion, to change the Terms under which www.sgrahaminc.com is offered. The most current version of the Terms will supersede all previous versions. Graham Athletics encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Graham Athletics welcomes your questions or comments regarding the Terms:
S Graham Enterprises Inc
209 Parktowne Blvd Suite 3
Edgewater, Florida 32132
Email Address:
Telephone number:
8774261076
Effective as of June 24, 2024