Terms Of Use
By
using and/or accessing the Site, you are agreeing to comply with and be
bound by the following Terms and Conditions (the "Agreement"). Please
review the following terms of this Agreement carefully. If you do not
agree to this Agreement in its entirety, you are not authorized to use
this Site in any manner or form.
1. Acceptance of Agreement. You
agree to the terms and conditions outlined in this Agreement with
respect to your use of the Site. This Agreement, together with the Site
Privacy Policy, constitute the entire and only agreement between you
and personalizedsportsballs.com with respect to your use of the Site,
and supersede all prior or contemporaneous agreements, representations,
warranties and/or understandings with respect to the Site. We may amend
this Agreement from time to time in our sole discretion, without
specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site. By
your continued use of the Site, you hereby agree to all the terms and
conditions contained within the Agreement effective at that time.
Therefore, you should regularly check this page for updates and/or
changes.
2. Requirements. The Site is available only to
individuals who can enter into legally binding contracts under
applicable law. The Site is not intended for use by individuals under
eighteen (18) years of age. If you are under eighteen (18) years of age
and/or not a citizen of the United States, you do not have permission
to use and/or access the Site.
3. License Grant. As a user of
this Site, you are granted a non-exclusive, non-transferable, revocable
and limited license to access and use the Site and associated Site
content in accordance with this Agreement. personalizedsportsballs.com
may terminate this license at any time for any reason. You may use the
Site on one computer for your own personal, non-commercial use. No part
of the Site may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical. You may not
use, copy, emulate, clone, rent, lease, sell, modify, decompile,
disassemble, reverse engineer or transfer the Site, Site content or any
portion thereof. personalizedsportsballs.com reserves any rights not
explicitly granted in this Agreement. You may not use any device,
software or routine to interfere or attempt to interfere with the
proper working of the Site. You may not take any action that imposes an
unreasonable or disproportionately large load on
personalizedsportsballs.com infrastructure. Your right to use the Site
is not transferable.
4. Proprietary Rights. The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including, but not limited to, intellectual property)
rights. The copying, redistribution or publication by you of any part
of the Site is strictly prohibited. You do not acquire ownership rights
to any content, document, software, services or other materials viewed
at or through the Site. The posting of information or material at the
Site by personalizedsportsballs.com does not constitute a waiver of any
right in such information and/or materials.
5. Editing, Deleting
and Modification. We reserve the right in our sole discretion to edit
and/or delete any documents, information or other content appearing on
the Site.
6. Indemnification. You agree to indemnify and hold
personalizedsportsballs.com, its parents, subsidiaries and affiliates,
and each of their respective members, officers, directors, employees
and agents, harmless from and against any and all claims, expenses
(including reasonable attorneys' fees, costs and settlement costs),
damages, suits, costs, demands and/or judgments whatsoever, made by any
third party due to or arising out of or in connection with: (a) your
use of the Site; (b) your breach of this Agreement; (c) your violation
of any rights of another individual and/or entity; and/or (d) your use
of any products and/or services provided from an
personalizedsportsballs.com Service Provider Affiliate. The provisions
of this paragraph are for the benefit of personalizedsportsballs.com,
its parent, subsidiaries and affiliates, and each of their respective
officers, directors, employees, agents, shareholders, licensors,
suppliers and attorneys. Each of these individuals and entities shall
have the right to assert and enforce these provisions directly against
you on its own behalf.
7. Disclaimer of Warranties. THE SITE AND
ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR
SERVICE PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR
FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, personalizedsportsballs.com MAKES NO WARRANTY THAT:
(A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE
PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE AND/OR
PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE
UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
personalizedsportsballs.com, ONE OF ITS SERVICE PROVIDER AFFILIATES OR
THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
8. Limitation of Liability. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT personalizedsportsballs.com SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF personalizedsportsballs.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT
PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE AN
personalizedsportsballs.com SERVICE PROVIDER AFFILIATE PRODUCT AND/OR
SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED
OR OBTAINED FROM THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR
TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE
PROVIDER AFFILIATE SITE; AND (C) ANY OTHER MATTER RELATING TO THE
personalizedsportsballs.com SERVICE AND/OR SITE. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT
LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY
RELEASE personalizedsportsballs.com FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF
APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY
OF personalizedsportsballs.com TO YOU UNDER ANY AND ALL CIRCUMSTANCES
WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR
personalizedsportsballs.com SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR
SERVICES. YOU HEREBY RELEASE personalizedsportsballs.com FROM ANY AND
ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS
SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
personalizedsportsballs.com. THIS SITE AND THE PRODUCTS AND SERVICES
AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT
SUCH LIMITATIONS.
9. Service Provider Affiliate Websites. The
Site provides links to Service Provider Affiliate and other third party
Internet websites and/or resources. Because personalizedsportsballs.com
has no control over such websites and/or resources, you hereby
acknowledge and agree that personalizedsportsballs.com is not
responsible for the availability of such websites and/or resources.
Furthermore, personalizedsportsballs.com does not endorse, and is not
responsible or liable for, any terms and conditions, privacy policies,
content, advertising, services, products and/or other materials at or
available from such Service Provider Affiliate and/or other third party
websites or resources, or for any damages and/or losses arising
therefrom.
10. Legal Warning. Any attempt by any individual,
whether or not an personalizedsportsballs.com customer, to damage,
destroy, tamper with, vandalize and/or otherwise interfere with the
operation of this Site, is a violation of criminal and civil law and
personalizedsportsballs.com will diligently pursue any and all remedies
in this regard against any offending individual or entity to the
fullest extent permissible at law and in equity.
11.
Miscellaneous. This Agreement shall be treated as though it were
executed and performed in Los Angeles, California and shall be governed
by and construed in accordance with the laws of the State of California
(without regard to its conflict of law principles). Should a dispute
arise concerning the terms and conditions of this Agreement, or the
breach of same by either party hereto, the parties agree to submit
their dispute for resolution by arbitration before the American
Arbitration Association in Los Angeles, in accordance with the then
current Commercial Arbitration Rules of the American Arbitration
Association. Any award rendered shall be final and conclusive to the
parties and a judgment thereon may be entered in any court of competent
jurisdiction. Nothing herein shall be construed to preclude any party
from seeking injunctive relief in order to protect its rights pending
an outcome in arbitration. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain in full
force and effect. This Agreement is personal between you and
personalizedsportsballs.com and governs your use of the Site and/or any
personalizedsportsballs.com service, superseding any and all prior
and/or contemporaneous agreements between you and
personalizedsportsballs.com. To the extent that anything in or
associated with the Site and/or any personalizedsportsballs.com service
is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision. The parties do not intend that any
agency or partnership relationship be created through operation of this
Agreement.
AUTHORIZATION BY OBTAINING, OR ATTEMPTING TO OBTAIN,
SERVICES THROUGH USE OF THE personalizedsportsballs.com SITE, YOU
REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.
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