Terms of service
1st ERA SPORTS LLC
TERMS OF SERVICE
Effective Date: August 17, 2026
OVERVIEW
Welcome to 1st ERA.
The terms “1st ERA,” “we,” “us,” and “our” refer to 1st ERA Sports LLC, a California limited liability company.
1st ERA operates the 1stera.com website, online store, and related information, content, features, tools, products, communications, and services (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide certain portions of the Services to you.
These Terms of Service (“Terms”) govern your access to and use of the Services, including purchases made through our online store.
Please read these Terms carefully. They contain important information regarding your legal rights, responsibilities, limitations of liability, warranty disclaimers, and other terms governing your relationship with 1st ERA.
By visiting, accessing, interacting with, purchasing from, or otherwise using the Services, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
SECTION 1 — ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have obtained any legally required permission for use of the Services.
You may be required to provide certain information when using the Services, including your name, email address, telephone number, billing information, shipping information, and payment information.
You agree that information you provide will be accurate, current, and complete and that you have the legal right to provide such information.
If you establish an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You may not sell, transfer, assign, sublicense, or otherwise provide your account credentials to another person without our authorization.
We reserve the right to suspend or terminate accounts that we reasonably believe are being used fraudulently, unlawfully, or in violation of these Terms.
SECTION 2 — OUR PRODUCTS
1st ERA offers athletic, performance, fitness, lifestyle, and related products, including performance toe socks and other products that may be introduced from time to time.
We make reasonable efforts to accurately display and describe our products, including their appearance, colors, sizing, materials, features, and specifications.
However, product colors and appearance may vary depending on your device, screen, display settings, lighting conditions, production variations, and other factors.
We do not guarantee that every product will appear exactly as displayed electronically.
Product descriptions, specifications, designs, packaging, materials, pricing, availability, sizing, features, and other product information may be modified at any time without prior notice.
We reserve the right to discontinue products or limit quantities available to any person, household, geographic region, or jurisdiction.
Performance and Wellness Disclaimer
1st ERA products are designed for athletic performance, fitness, movement, everyday comfort, and general wellness.
Unless expressly identified otherwise, our products are not medical devices and are not intended to diagnose, treat, cure, prevent, or mitigate any disease, injury, disorder, or medical condition.
Statements regarding comfort, mobility, balance, stability, biomechanics, toe separation, natural toe splay, friction reduction, cushioning, compression, support, proprioception, or other potential product benefits are intended to describe general product features and potential user experiences.
Individual experiences and results may vary.
Information presented by 1st ERA should not be considered medical advice or a substitute for advice, diagnosis, or treatment from a qualified healthcare professional.
SECTION 3 — ORDERS
Submitting an order constitutes an offer to purchase products from 1st ERA.
We reserve the right to accept, reject, limit, modify, or cancel an order where reasonably necessary, including because of product availability, suspected fraud, payment issues, pricing errors, inventory discrepancies, shipping limitations, or other operational considerations.
An order is not considered accepted until we confirm or process the order.
Payment must be successfully authorized before an order can be fulfilled.
You are responsible for reviewing your order, including products, sizes, quantities, shipping address, and billing information, before completing your purchase.
Because orders may enter processing quickly, we cannot guarantee that cancellation or modification requests can be accommodated after an order has been submitted.
If we cancel or materially modify an order, we will make reasonable efforts to notify you using the contact information associated with the order.
Returns and exchanges are governed by our then-current Return and Refund Policy.
SECTION 4 — PRICES, DISCOUNTS AND BILLING
All prices displayed through the Services are subject to change without notice.
The price charged for a product will generally be the price displayed at the time the order is placed, subject to correction of obvious errors or inaccuracies as permitted by applicable law.
Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, customs duties, import fees, or other charges.
Promotions, bundles, rewards, discount codes, subscriber incentives, free-shipping offers, and other promotional programs may be subject to separate conditions, including expiration dates, purchase minimums, product exclusions, quantity requirements, and restrictions on combining promotions.
We reserve the right to modify or discontinue promotional offers subject to applicable law.
You agree to provide accurate and current billing and payment information.
By submitting payment information, you represent that you are authorized to use the selected payment method.
SECTION 5 — SHIPPING AND DELIVERY
Shipping and delivery dates are estimates unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs authorities, weather, natural disasters, labor disruptions, incorrect customer information, governmental actions, or circumstances outside our reasonable control.
Customers are responsible for providing an accurate and deliverable shipping address.
Additional terms regarding shipping may be provided in our Shipping Policy.
To the extent permitted by applicable law, risk of loss may transfer in accordance with the applicable shipping terms and carrier arrangements.
Nothing in this section limits rights that cannot legally be waived under applicable consumer-protection law.
SECTION 6 — RETURNS, EXCHANGES AND REFUNDS
Returns, exchanges, refunds, defective-product claims, and related requests are governed by the Return and Refund Policy posted on our website at the time of the applicable transaction or request.
Customers are responsible for reviewing that policy before purchasing.
Where applicable, products must satisfy the eligibility requirements stated in the Return and Refund Policy before a return or exchange will be accepted.
Nothing in these Terms limits any non-waivable rights available to consumers under applicable law.
SECTION 7 — INTELLECTUAL PROPERTY
The Services and materials made available through them—including trademarks, trade names, logos, slogans, graphics, photographs, videos, product designs, product descriptions, website content, artwork, advertising materials, written materials, layouts, software, and other content—are owned by or licensed to 1st ERA, its affiliates, or its licensors.
Such materials may be protected by trademark, copyright, patent, trade dress, trade secret, and other intellectual-property laws.
The Services are provided for your personal, lawful, non-commercial use.
Except as expressly authorized by us or permitted by law, you may not reproduce, copy, distribute, modify, republish, publicly display, publicly perform, sell, license, scrape, download, store, create derivative works from, commercially exploit, or transmit our protected materials without prior written authorization.
Nothing in these Terms grants you ownership of or a license to any 1st ERA intellectual property except the limited right to use the Services in accordance with these Terms.
“1st ERA,” associated logos, product names, slogans, designs, branding elements, and other marks are trademarks or intellectual property of 1st ERA, its affiliates, and/or applicable licensors.
All rights not expressly granted are reserved.
SECTION 8 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to services, applications, integrations, payment systems, social platforms, analytics tools, communication platforms, or other tools provided by third parties.
We may not control these third-party services.
Your use of third-party services may be subject to separate terms and privacy policies established by those providers.
To the extent permitted by law, we are not responsible for third-party services or for losses arising solely from a third party's acts or omissions outside our reasonable control.
You should review applicable third-party terms before using those services.
SECTION 9 — THIRD-PARTY LINKS
The Services may contain links to third-party websites, applications, platforms, or resources.
A link does not necessarily constitute our endorsement of the third party or its products, services, statements, or practices.
We are not responsible for the accuracy, availability, security, privacy practices, or content of third-party websites.
If you leave our Services to access a third-party service, you do so subject to that third party's terms and policies.
Questions or disputes concerning a third-party product or service should generally be directed to that third party.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify.
Shopify provides technology and infrastructure that enable us to operate portions of our online store and Services.
Purchases of 1st ERA products are transactions between you and 1st ERA unless expressly stated otherwise.
Shopify may separately collect or process personal information in connection with its provision of services.
Your information may therefore also be subject to applicable Shopify privacy terms and policies.
Nothing in these Terms is intended to impose liability upon Shopify beyond liability that cannot lawfully be excluded.
SECTION 11 — PRIVACY
Our collection, use, disclosure, storage, and handling of personal information are governed by our Privacy Policy and applicable law.
Depending on how you interact with 1st ERA, we may collect information such as your name, email address, telephone number, shipping information, billing information, purchase history, device information, website interactions, and marketing preferences.
Because our store uses Shopify and other service providers, certain information may be transmitted to or processed by those providers for purposes such as hosting, order fulfillment, payment processing, analytics, marketing, customer communications, fraud prevention, and providing the Services.
Please review our Privacy Policy for additional information about our privacy practices and applicable consumer rights.
SECTION 12 — EMAIL MARKETING
Where permitted by applicable law and where you have provided any required consent, 1st ERA may send you promotional and informational emails.
These communications may include:
- Product announcements and new releases;
- Early-access opportunities;
- Restock notifications;
- Promotional offers and incentives;
- Rewards-program information;
- Events;
- Brand announcements; and
- Other marketing communications.
You may unsubscribe from promotional emails using the unsubscribe mechanism contained in the email.
Unsubscribing from promotional emails does not necessarily prevent us from sending transactional or service-related communications regarding purchases, accounts, security, returns, shipping, or other transactions.
SECTION 13 — SMS/TEXT MESSAGE PROGRAM
1st ERA may offer an SMS/text-message marketing program, including the 1st ERA SMS Family.
By voluntarily enrolling in an SMS program and providing the consent required by the applicable enrollment method, you authorize 1st ERA and service providers acting on our behalf to send marketing and promotional text messages to the mobile telephone number you provide.
Messages may include information regarding:
- Early access to product drops;
- New product releases;
- Restock notifications;
- Subscriber-only opportunities;
- Promotional offers and incentives;
- Events and announcements;
- Product information;
- Brand updates; and
- Other 1st ERA marketing communications.
Consent
Consent to receive marketing text messages is not a condition of purchasing any goods or services from 1st ERA.
Where disclosed during enrollment, messages may be sent using automated technology or an automatic telephone dialing system to the extent permitted by applicable law.
Message Frequency
Message frequency may vary based on product releases, promotions, events, account activity, and other brand communications.
Message and Data Rates
Message and data rates may apply depending on your wireless carrier and service plan.
You are responsible for charges imposed by your mobile carrier.
Opting Out
You may opt out of marketing SMS messages at any time by replying STOP to a marketing text message from 1st ERA, or by using another opt-out method provided in the applicable message or required by law.
After submitting an opt-out request, you may receive a final confirmation message acknowledging your request.
Please allow a reasonable amount of time for the request to be processed.
Help
Where supported by the applicable SMS service, you may reply HELP for assistance.
You may also contact 1st ERA at:
Mobile Number Changes
You agree that the mobile telephone number you provide belongs to you or that you are authorized to provide it.
If you discontinue, transfer, or change your mobile number, you should opt out of the SMS program before relinquishing the number or otherwise notify us when reasonably practicable.
Carrier Disclaimer
Wireless carriers are not responsible for delayed or undelivered messages.
SMS availability may vary by carrier, device, geographic location, and service provider.
Changes to the SMS Program
We may modify, suspend, or discontinue an SMS program subject to applicable law.
Participation in SMS marketing is also subject to our Privacy Policy and any additional disclosures presented when you enroll.
SECTION 14 — FEEDBACK, REVIEWS AND USER CONTENT
If you voluntarily submit feedback, suggestions, photographs, videos, product reviews, testimonials, comments, ideas, or other content (“User Content”), you represent that you have the rights necessary to submit that content.
Subject to applicable law and any separate agreement governing the submission, you grant 1st ERA a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, adapt, publish, distribute, display, and otherwise use submitted User Content for legitimate business purposes, including operating, improving, and promoting our products and Services.
You may not submit content that infringes intellectual-property rights, privacy rights, publicity rights, or other legal rights of another person.
You may not knowingly submit false, fraudulent, defamatory, unlawful, obscene, malicious, or misleading content.
Where a review or endorsement is submitted in connection with compensation, discounts, free products, rewards, affiliate relationships, or another material connection, you are responsible for making disclosures required by applicable law.
We may moderate or remove User Content to the extent permitted by law and our applicable policies.
SECTION 15 — ERRORS, INACCURACIES AND OMISSIONS
Information appearing through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, inventory, pricing, promotions, shipping charges, delivery estimates, sizing, product images, availability, or other information.
We reserve the right to correct errors, update information, or cancel affected orders where permitted by applicable law.
If an error materially affects an order that you have already placed, we will take commercially reasonable steps to address the issue.
SECTION 16 — PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
- Violate applicable laws or regulations;
- Infringe intellectual-property or proprietary rights;
- Engage in fraud or deception;
- Harass, threaten, abuse, defame, or unlawfully harm another person;
- Transmit malicious software, viruses, or harmful code;
- Attempt unauthorized access to accounts, systems, networks, or data;
- Collect personal information unlawfully;
- Send unauthorized spam or malicious communications;
- Impersonate another person or entity;
- Circumvent security measures;
- Interfere with the operation or security of the Services;
- Scrape, extract, copy, or commercially exploit protected content in violation of applicable law or these Terms; or
- Use the Services in a manner that could materially damage 1st ERA, our customers, service providers, or other users.
We may restrict, suspend, or terminate access where we reasonably determine that these Terms have been violated.
SECTION 17 — AUTOMATED SYSTEMS AND AGENTS
For purposes of this section, an “Agent” means software or a service capable of taking autonomous or semi-autonomous actions on behalf of a user.
Agents and other automated systems may access or interact with the Services only to the extent permitted by applicable law, these Terms, and technical restrictions implemented by 1st ERA or its service providers.
Automated systems may not:
- Misrepresent themselves as human users when identification is required;
- Circumvent CAPTCHAs or access restrictions;
- Circumvent technical controls intended to limit automated access;
- Attempt unauthorized access to systems or data;
- Scrape or extract protected information in violation of these Terms or applicable law; or
- Interfere with the security or operation of the Services.
We reserve the right to limit or block automated access when reasonably necessary to protect the Services, users, systems, intellectual property, or data.
SECTION 18 — TERMINATION
We may suspend or terminate your access to all or part of the Services if you violate these Terms, engage in unlawful or fraudulent conduct, create security risks, or otherwise misuse the Services.
Termination does not eliminate obligations or liabilities that arose before termination.
Provisions that by their nature should survive termination—including provisions concerning intellectual property, payment obligations, User Content, disclaimers, limitations of liability, indemnification, dispute provisions, and governing law—will survive termination to the extent permitted by law.
SECTION 19 — DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT TO THE EXTENT AN EXPRESS WARRANTY IS PROVIDED BY 1st ERA.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS. IN SUCH JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.
SECTION 20 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1st ERA SPORTS LLC AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS.
THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR SIMILAR DAMAGES.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY TO THE EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
SECTION 21 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless 1st ERA Sports LLC and its affiliates, members, managers, officers, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, losses, damages, and reasonable costs arising from:
- Your material violation of these Terms;
- Your unlawful use of the Services;
- Your violation of applicable law; or
- Your infringement of the rights of another person.
This provision does not require you to indemnify 1st ERA for liability caused by 1st ERA to the extent such indemnification would be prohibited by applicable law.
SECTION 22 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.
The unenforceable portion will be deemed severed where necessary, and the remaining provisions will remain in effect.
SECTION 23 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a provision of these Terms does not constitute a waiver of that provision or any other right.
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and other policies expressly incorporated by reference, constitute the agreement governing your use of the Services, subject to any separate written agreement between you and 1st ERA.
SECTION 24 — ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent except where such restriction is prohibited by law.
We may assign or transfer our rights and obligations in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or similar transaction, subject to applicable law.
SECTION 25 — GOVERNING LAW AND VENUE
These Terms and your use of the Services will be governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.
Subject to applicable law and any non-waivable consumer rights, disputes arising from these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in Fresno County, California.
Nothing in this section deprives a consumer of protections or remedies that cannot lawfully be waived.
SECTION 26 — HEADINGS
Section headings are provided for convenience and organization only.
They do not alter or limit the meaning of these Terms.
SECTION 27 — CHANGES TO THESE TERMS
We may update these Terms periodically to reflect changes to our Services, products, business practices, technologies, legal requirements, or policies.
The most current version will be posted through our website with an updated effective date.
Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by law.
Changes to SMS terms will not eliminate any opt-out rights or otherwise override consent requirements imposed by applicable law.
SECTION 28 — CONTACT INFORMATION
Questions regarding these Terms of Service, your account, orders, privacy practices, or the 1st ERA SMS Family may be directed to:
1st ERA Sports LLC
Fresno, California 93704
United States
Email: info@1stera.com
Website: 1stera.com
California LLC Entity Number: B20250433612
VAT Number: Not Applicable