Terms of Use

Last updated April 1, 2026

Welcome to www.derbywwarehouse.com and any mobile applications (collectively, the "Website") owned and operated by Derby Warehouse, LLC ("Company," "us," or "we"). Please review the following terms and conditions ("Terms of Use") that govern your visit to the Website, and your use of the Website and the related products and services available on or through the Website and all of your interactions with the Company (collectively, the "Service(s)"). Company reserves the right, at any time, to modify or update the Services and these Terms of Use.

Your Consent and Use of the Website

Your use of the Services is subject to and you agree to be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of the Website and Services, which are all incorporated herein by reference (collectively, this "Agreement"). Use of the Services is further subject to the additional terms, disclaimers, caveats, and notices that may appear elsewhere on the Website and that are contained in any other written agreement between you and us. Use of the Website and Services is voluntary. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO ACCESS, BROWSE OR USE THE WEBSITE OR SERVICES, AND YOU MUST DISCONTINUE USE OF THE WEBSITE AND SERVICES IMMEDIATELY.

As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time as provided herein, with or without notice to you, at our discretion. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Any changes to the Agreement are effective upon their posting and you agree to be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Services, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Company undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.

Use of the Website is limited to persons who are thirteen (13) years of age or older. The Website is not directed to persons under the age of 13 and the policy of Company is NOT to knowingly collect any personal information from persons under the age of 13. If you are under the age of 13, you should leave the Website without providing any information about yourself. Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Geographic Restrictions

We provide the Website for use by persons located in the United States. We make no claims that the Website or Services are accessible or appropriate outside of the United States. You are responsible for compliance with local laws if and to the extent local laws are applicable including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States.

Prohibited Uses

Company imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services or assisting any third party in doing so, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) using the Website or Services to send unsolicited email including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website or Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website or Services; (g) using any data mining, robots, crawling, data gathering and extraction tools, whether automatic or manual, or other means not purposely made available by us, including to develop or improve any software program, algorithm, or machine learning or artificial intelligence model; or (h) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm Company or users of the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots," spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and Services and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.

Website Content and Intellectual Property Rights

Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, "Content") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Company or its subsidiaries and affiliates. You acknowledge and agree that any Content used in connection with the Website or Services, including any software accessible through the Website or Services, contains Company's proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. This Agreement does not limit any rights that Company may have under trademark, trade secret, copyright, patent or other laws.

No right, title or interest in any of the information, material, or other Content of the Website or Services is granted to you under any circumstances, and Company reserves and retains all intellectual property rights in and to the Website, Services and their Content. Linking or framing to the Website or any of its Content is prohibited without the prior written permission of Company.

Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Website or Services. Unauthorized use or copying (including electronic copying or downloading) of the Website, Services and Content without Company's express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Posting of Information, Comments, Writings and Other User-Generated Content and Materials

As a user of the Website and Services, you may be able to post content on the Website or Services or on Company's blog or social media pages, including, without limitation, by providing testimonials or reviews, leaving comments, uploading pictures or videos, etc. ("User Content"). You are solely responsible for your User Content. However, Company reserves the right to redact, block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to Company in its sole discretion. Company reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Website or Services or on Company's blog or social media pages, in its sole discretion, without notice. If at any time Company chooses, in its sole discretion, to monitor the content, Company nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that Company shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, discriminatory, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Any submission of information or copyrightable works of any nature by you to the Website or to Company through the use of the Website, Services, any of Company's blogs or social media pages or accounts, or otherwise, shall be deemed to constitute a release by you to the public domain, for use by Company and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Company using the Website, Services or otherwise are not confidential and will become and remain Company's property. By submitting any such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.

By posting content to any public area of the Website, Services, or Company's blog or social media pages or accounts, you hereby automatically grant and represent and warrant that you have the right to grant to Company, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, "Posted Content") at or through the Website, Services or on Company's blog or social media pages or accounts, you represent, warrant, and agree that any such Posted Content:

Is not defamatory, obscene, indecent, abusive, harassing, offensive, profane, violent, hateful, inflammatory or otherwise in violation of any law or right of any third party;
Is not false, inaccurate, deceptive, misleading, or fraudulent;
Does not promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights;
Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, publicity and privacy rights, unfair competition, anti-discrimination or false advertising);
Does not contain any personal identifying information of any person other than you;
Does not cause annoyance, inconvenience or needless anxiety and is not likely to upset, embarrass, alarm or annoy any other person;
Does not impersonate any person or misrepresent your identity or affiliation with any person or organization;
Does not involve unauthorized commercial activities or sales, such as contests, sweepstakes or other sales promotions, bartering or advertising;
Does not give the impression that it emanates from or is endorsed by Company or any other person or entity, if this is not the case;
Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, "flooding," "spamming," "mail bombing" or "crashing" the Website, Services or any system, or any mechanism intended to send unsolicited e-mail including, without limitation, promotions, or advertisements for products or services; and
Shall become and be the property of Company with the full and unrestricted right of Company to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use, or delete or remove, such Posted Content, in each case without compensation to you.

Copyright/DMCA Notice and Procedure

It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify Company's designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Company may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Company's Privacy Policy does not protect information provided in these notices.

Notification

If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent:

Privacy Department
181 Suburban Road
San Luis Obispo, CA 93401
privacy@warehousesports.com
888-424-1882
Fax: 805-540-7940

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that Company's content is infringing.

Your notification must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 Company to locate the material;
Information reasonably sufficient to permit Company 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;
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; and
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.

Note, however, that if you posted any materials on the Website or Services, by submitting, posting or displaying your content on the Website or Services, you granted Company and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms of Use.

Only DMCA notices should go to the Company Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of the DMCA may be ignored.

Upon receipt of your written notification containing the information as outlined above:

Company shall remove or disable access to the material that is alleged to be infringing;
Company shall use reasonable efforts to forward the written notification to such alleged infringer ("Alleged Infringer"); and
Company shall take reasonable steps to notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to Company's designated Copyright Agent that includes substantially the following:

A physical or electronic signature of the Alleged Infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Company is located, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined above:

Company shall promptly provide you with a copy of the Counter Notification, and inform you that Company will replace the removed material or cease disabling access to it in 10 business days; and

Company shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the Counter Notification, unless Company's designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on our Website.

Account Termination

Company may, in appropriate circumstances, terminate an account holder or user of the Website or Services if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Company's DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.

Submission of Ideas

Company does not accept or review unsolicited ideas, suggestions, proposals or materials, including but not limited to ideas regarding new or improved products, designs or artwork, advertising or marketing campaigns, or technologies (the "Submission"). Notwithstanding such policy, any Submission communicated to Company through this Website or otherwise shall be the sole and exclusive property of Company without any compensation to you and may be used or redistributed by Company for any purpose and in any way without any compensation to you. Company has no obligation to return the Submission to you or respond to you in any way and no obligation to keep the Submission confidential.

Privacy Policy

Information that you provide to Company via the Website is subject to our Privacy Policy. For more information, please read our full Return Policy, citing the reasons the product is not as described.

Inaccuracy Disclaimer

From time to time there may be information on our Website or through our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Transactions on the Website

You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. Company reserves the right to refuse any order you place with us in violation of this section or these Terms of Use. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or unauthorized distributors or wholesalers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order. In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was placed.

It is your responsibility to ascertain and obey all applicable local, state, federal and any other applicable laws with respect to the possession and use of any item purchased from the Website or through the Services. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.

Call Monitoring and Recording

For quality assurance, Company may record and/or monitor incoming calls to, and outgoing calls from, Company. By accepting this Agreement, you also consent to any and all call recording and monitoring performed by Company or its agents, employees and/or affiliates.

Return Policy

Company's Return Policy is accessible here and is incorporated into this Agreement in its entirety. Such Return Policy may change from time to time.

Shipping Policy and Risk of Loss

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is valid and compliant with the shipping restrictions contained on the Website. All purchases from the Website or through the Services are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website or through the Services pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.

Eligibility to Order/Purchase

To place an order on the Website, you must be at least 18 years of age and abide by all applicable local, state, federal and other applicable laws and regulations.

Gift Card Cash-Redemption Policy

To provide a consistent customer experience across all jurisdictions, Company applies a uniform nationwide cash-redemption policy for our gift cards ("Gift Cards"), regardless of the purchaser's or holder's state of residence or the location of purchase.

Eligibility for Cash Redemption - Any Gift Card issued by Company, whether physical or electronic, may be redeemed for its cash value if the remaining balance is less than fifteen dollars ($15.00), which matches the threshold required under California Civil Code §1749.5, as amended by California Senate Bill No. 22. This policy applies nationwide, even where state law does not require cash redemption.
Who May Redeem - A qualifying Gift Card may be redeemed for cash by either the purchaser or holder, including anyone who received the Gift Card as a gift. This follows California law, which provides that Gift Cards are redeemable by the "purchaser or holder," and Company adopts this standard for all customers in all states.
Scope and Application - This nationwide policy applies to all Gift Cards issued by us, regardless of (1) the state where the Gift Card was sold, (2) the residence of the purchaser, or (3) the residence of the holder or gift recipient.
How to Redeem - To redeem a qualifying Gift Card for cash, present it any of Company's store locations or contact Company's customer support team. Company may verify the remaining balance before processing the redemption.

Professional and Medical Advice Disclaimer

THIS WEBSITE AND THE SERVICES ARE NOT DESIGNED TO AND DO NOT PROVIDE MEDICAL ADVICE. Many of us at Company are athletes who train and who have suffered various injuries practicing our sports, but we are not doctors, nurses or qualified health care providers. Our employees do not provide medical advice, professional diagnosis, opinion, treatment or medical services to any of our customers. Any information provided through the Services or by our employees is for educational purposes only. The information provided on our Website, through links to other websites, or by our employees is not a substitute for medical advice of professional care, and such information should not be used in place of a visit, call, consultation or the advice of your physician or health care provider.

Company is not liable or responsible for what may be perceived as medical advice, course of treatment, diagnosis or any other information, in connection with any services or products you learn about or obtain through the Services, linked websites or through conversations with any of our employees. This information, including but not limited to, text, graphics, images, and other material contained on our Website are for informational purposes only.

If you believe you have a health problem, or if you have any questions regarding your health or a medical condition, you should promptly consult your physician or health care provider. We ask that you do not share confidential information with us, either by phone, email, chat or other means including but not limited to: your birth date, social security number, or your confidential medical information. If you do share this information with us, you do so at your own risk. Company is not liable for the disclosure of such information or any claims arising therefrom. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care or workout regimen. Never disregard medical or professional advice, or delay seeking it, because of something you read though the Services, on a linked website, or because of a conversation with one or more of our employees. Never rely on any "medical" or what you perceive as medical information from our Services, or employees, in place of seeking professional medical advice.

Miscellaneous

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Company and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Company and you with respect to use of the Website and Services and supersedes any and all prior agreements and understandings between you with respect to the subject matter addressed herein. This Agreement is binding on Company and you and on each of your successors and assigns. Except for the Mass Arbitration Process Requirements section, if any of the terms or conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining term or condition. However, if a Claim is part of a Mass Arbitration, and any part of the Mass Arbitration Process Requirements section is found to be invalid, void, or unenforceable, the Arbitration Agreement & Waiver of Certain Rights, including the Mass Arbitration Process Requirements section, shall be severed in its entirety.

Complaints or Concerns

If you have any complaints or concerns regarding the Website or Services, please contact us at 800-366-3070. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.