TERMS AND CONDITIONS
By using, accessing, or purchasing from this website (“Site”), which is owned and operated by BATTLE ON THE BAY, you acknowledge that you have read, understood, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. BATTLE ON THE BAY reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least eighteen (18) years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
BATTLE ON THE BAY reserve the right to change these terms & conditions of use at any time without notice.
By accessing or using any part of the site, you accept these terms, without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms set forth below. Price information found on this site is subject to change without notice.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and BATTLE ON THE BAY have no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify BATTLE ON THE BAY of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You may receive emails regarding your account or promotions for special offers, including third party offers.
Billing and Payments
As a Member, you agree to the following benefits and Terms:
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:
This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and BATTLE ON THE BAY. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and BATTLE ON THE BAY shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees, if otherwise authorized by applicable law).
The term “Dispute” means any dispute, claim, or controversy between you and BATTLE ON THE BAY regarding any aspect of your relationship with BATTLE ON THE BAY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution:
For all Disputes, whether pursued in court or arbitration, you must first give BATTLE ON THE BAY an opportunity to resolve the Dispute. You must commence this process by mailing written notification to BATTLE ON THE BAY. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If BATTLE ON THE BAY does not resolve the Dispute to your satisfaction within forty-five (45) days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. The parties shall agree to select the ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”).
Waiver of Jury Trial:
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions:
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement:
This Arbitration Agreement will survive the termination of your relationship with Company.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal that may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within thirty (30) days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped, and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BATTLE ON THE BAY and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to BATTLE ON THE BAY. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of BATTLE ON THE BAY on the Site are trademarks or registered trademarks of BATTLE ON THE BAY, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant BATTLE ON THE BAY a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of BATTLE ON THE BAY. You acknowledge and agree that you are solely responsible for all the user data that you make available through BATTLE ON THE BAY. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant BATTLE ON THE BAY the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or BATTLE ON THE BAY use of your uploaded data (or any portion thereof) on, through or by the means of BATTLE ON THE BAY will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as “as is,” “where is,” and “as available” basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BATTLE ON THE BAY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BATTLE ON THE BAY does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. BATTLE ON THE BAY does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither BATTLE ON THE BAY nor their celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if BATTLE ON THE BAY has been advised of the possibility of such damages. In no event will BATTLE ON THE BAY liability to you exceed the amounts that you paid to BATTLE ON THE BAY in connection with your BATTLE ON THE BAY membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BATTLE ON THE BAY shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BATTLE ON THE BAY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BATTLE ON THE BAY shall immediately issue a credit to your credit card account in the amount of the charge.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by BATTLE ON THE BAY without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
BATTLE ON THE BAY may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
Use of Site
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless BATTLE ON THE BAY, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
In an attempt to provide increased value to our visitors, BATTLE ON THE BAY may link to sites operated by third parties. However, BATTLE ON THE BAY has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BATTLE ON THE BAY. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BATTLE ON THE BAY seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms constitute the entire agreement between you and BATTLE ON THE BAY with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. BATTLE ON THE BAY may assign its rights and duties under this Agreement to any party at any time without notice to you.