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Ballbag.com Condtions of Use
Welcome to Ballbag.com.Ballbag.com and its affiliates provide their services
to you subject to the following conditions. If you visit or shop at Ballbag.com,
you accept these conditions. Please read them carefully. In addition,
when you use any current or futureBallbag.com service or visit or purchase
from any business affiliated with Ballbag.com, whether or not included
in the Ballbag.com Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Ballbag.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Ballbag.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Ballbag.com or its content suppliers and
protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of Ballbag.com and
protected by U.S. and international copyright laws. All software used
on this site is the property of Ballbag.com or its software suppliers
and protected by United States and international copyright laws.
TRADEMARKS
The Original Ballbag and Ballbag are trademarked.
PATENTS
One or more United States and international patents apply to this site.
LICENSE AND SITE ACCESS
Ballbag.com grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent of Ballbag.com.
This license does not include any resale or commercial use of this site
or its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents; any downloading
or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Ballbag.com. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form)
of Ballbag.com and our affiliates without express written consent. You
may not use any meta tags or any other "e;hidden text"e; utilizing
Ballbag.com's name or trademarks without the express written consent of
Ballbag.com. Any unauthorized use terminates the permission or license
granted by Ballbag.com. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Ballbag.com so long as
the link does not portray Ballbag.com, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Ballbag.com logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. Ballbag.com does sell products for children,
but it sells them to adults, who can purchase with a credit card. If you
are under 18, you may use Ballbag.com only with involvement of a parent
or guardian. Ballbag.com and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post comments, send other communications; and submit suggestions,
ideas, comments, questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "e;spam."e; You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. Ballbag.com reserves the
right (but not the obligation) to remove or edit such content, but does
not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Ballbag.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
Amazon.com and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any
person or entity; and that you will indemnify Ballbag.com or its affiliates
for all claims resulting from content you supply. Ballbag.com has the
right but not the obligation to monitor and edit or remove any activity
or content. Ballbag.com takes no responsibility and assumes no liability
for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Ballbag.com and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making
Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Ballbag.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass
to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Ballbag.com and its affiliates attempt to be as accurate as possible.
However, Ballbag.com does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by Ballbag.com itself is not as described, your sole
remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BALLBAG.COM ON AN "e;AS IS"e; AND "e;AS
AVAILABLE"e; BASIS. BALLBAG.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BALLBAG.COM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BALLBAG.COM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BALLABAG.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BALLBAG.COM WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Ballbag.com, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and Amazon.com
or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Ballbag.com or to products
you purchase through Ballbag.com shall be submitted to confidential arbitration
in California, except that, to the extent you have in any manner violated
or threatened to violate Ballbag.com's intellectual property rights, Ballbag.com
may seek injunctive or other appropriate relief in any state or federal
court in the state of California, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy policy, posted
on this site. These policies also govern your visit to Ballbag.com. We
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any
remaining condition.
OUR ADDRESS
Ballbag.com, Inc. 125 INDUSTRIAL WAY / COSTA MESA, CALIFORNIA 92627 http://www.ballbag.com
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