Terms of Use

Last Updated: April 19, 2025

1. INTRODUCTION

Welcome to the Destination Athlete website (destinationathlete.vegas) ("Site"), operated by Peak Gear, LLC, doing business as Destination Athlete ("Destination Athlete," "we," "us," or "our"). Peak Gear, LLC is a local Nevada franchise of Destination Athlete that owns the rights to Destination Athlete for three distinct counties in Southern Nevada: Clark County, Nye County, and Lincoln County.

By accessing or using our Site, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use our Site.

2. COMPANY INFORMATION

Business Name: Peak Gear, LLC d/b/a Destination Athlete
Address: 6543 South Las Vegas Boulevard #200, Las Vegas, NV 89119
Contact for Legal Inquiries: legal@peakgear.biz

3. SERVICES OVERVIEW

Destination Athlete specializes in providing sports uniforms, sports equipment, and sports-related services to a wide range of customers including high schools, colleges and universities, club and travel teams, and sports leagues. While we primarily focus on youth sports, we also service adult sports teams.

Our Site is primarily informational and is intended to provide details about our products and services. The Site includes a contact form and calendar scheduling functionality to facilitate communication with our representatives.

4. INTELLECTUAL PROPERTY RIGHTS

The name "Destination Athlete" is a trademark owned by Destination Athlete, LLC (parent company). The website itself (destinationathlete.vegas) is copyrighted by Peak Gear, LLC d/b/a Destination Athlete of Clark County. All content on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Peak Gear, LLC d/b/a Destination Athlete of Clark County and is protected by United States and international copyright laws.

Only Peak Gear, LLC d/b/a Destination Athlete of Clark County can grant any rights to the content on the website. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site without express written consent from Peak Gear, LLC d/b/a Destination Athlete of Clark County.

5. USER CONDUCT

When using our Site, you agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Impersonate or attempt to impersonate Destination Athlete, a Destination Athlete employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
• Use the Site in any manner that could disable, overburden, damage, or impair the Site
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site

6. DATA COLLECTION AND PRIVACY

Our Site collects personal data through contact forms and the Calendly integration, including name, business name, email address, and phone number. This information is stored in a secure database and may be used to send communications to users who submit the forms.

For more detailed information about how we collect, use, and protect your personal information, please contact us at legal@peakgear.biz.

7. PAYMENT TERMS AND REFUND POLICY

All billing for goods and services occurs outside of the website, either through check, ACH, wire transfer, or credit cards. One of our key services includes custom e-commerce stores where customers can purchase goods and services directly online via credit card.

Our refund policy varies depending on the item sold:

• Most items that are customized are not refundable
• Custom items that are delivered damaged may be refunded if the customer notifies and provides proof of the damage to Destination Athlete immediately upon receipt

8. DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DESTINATION ATHLETE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL DESTINATION ATHLETE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Destination Athlete, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

11. GOVERNING LAW AND JURISDICTION

These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts located in the State of Nevada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. TERMINATION

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.

14. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@peakgear.biz.