This Agreement was last updated on January 1, 2014.
This Agreement applies to all visitors, users, and others who access the Service and/or purchase BTO SPORTS products, including users who also contribute Content to the Service (“Users”). Content will include, but is not limited to, any text, software, scripts, graphics, photos, drawings, characterizations, sounds, music, videos, audiovisual combinations, interactive features, your and/or other person’s names, likeness, voices, usernames, profiles, action, appearances, performances and/or other biographical information or material, and/or similar materials you may view on, access, through or contribute to the Service.
- Account Registration
To use certain aspects of the BTO SPORTS Service, you may be required to register an account (including certain Personal Information) with BTO SPORTS. Registration will allow you to set up an account and contribute User Content but it option to view User Content via the Service. If you choose not to register, you may not be able to use all of the services offered by BTO SPORTS. Your account will give you access to the current services and functionality that we maintain as well as new services that we may add from time-to-time at our sole discretion. As part of your registration, you will be asked to provide an account user name and email address as well as certain additional information. If you decide to register, you agree to provide true, accurate and complete information about yourself. You agree that you are solely liable and legally responsible for all actions taken via your account or username, whether or not made with your knowledge or authority. If you suspect someone may be using your account without authorization, you must notify BTO SPORTS immediately of any breach of security or unauthorized use of your account. BTO SPORTS will not be liable for your losses caused by unauthorized use of your account. You may be held liable for losses of BTO SPORTS or others due to such unauthorized use. BTO SPORTS reserves the right but has no obligation to monitor User Content and remove or block posting of any User Content in its sole discretion.
By providing BTO SPORTS your email address you consent to our using the email address to send you Service-related to notices, including any notices required by law, in lieu of communications by postal mail, except as otherwise required by mandatory provisions of applicable law that cannot be contractually waived, altered or minimized. We may also use your email address to send you other messages, such as newsletters or changes to features of the Service. If you do not wish to receive additional email messages such as those described, you may opt out by taking the unsubscribe steps outlined in the email itself. Opting out may prevent you from receiving email messages regarding updates or improvements.
We have implemented commercially reasonable technical and organization measures designed to secure your personal information from accidental loss and from unauthorized use, access, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under thirteen (13) is unauthorized, unlicensed, and in violation with this Agreement. BTO SPORTS may terminate your account, delete any content or information you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service), including purchasing products, for any reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under thirteen (13). If you are under eighteen (18) years of age, you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligation, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- Prohibited Use of Service
You agree to comply with all applicable laws and regulations and refrain from violating any rights of BTO SPORTS or any third-party in connection with this Agreement. Without limiting the generality of the foregoing:
- You will not copy, distribute, or disclose any part of the Service in any medium;
- You will not violate, interfere with, damage, or compromise the integrity or security of the Service, decipher any transmissions to or from the servers running the Service, or remove any proprietary notices from the Service or copies thereof;
- You will not access any Content through any technology or means other than through the available technology of the Service itself or other such means as specifically authorized by BTO SPORTS;
- You will not upload invalid data, viruses, worms or other software agent through the Service; and
- You will never use another member’s account without permission.
You agree not to use or launch any automated system, including without limitation, “harvesting,” “bots,” “robots,” “spiders,” “scrapers,” “offline readers,” etc. that accesses the Service in a manner that sends more request messages to the BTO SPORTS servers than a human can reasonably produce in the same period of time by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor use the communication systems provided by the Service (e.g. comments, email, etc.) for any commercial solicitation purposes. Notwithstanding the foregoing, BTO SPORTS grans the operators of public search engines permission to use spiders to copy material from the site for the sole purpose of an solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such material. BTO SPORTS reserves the right to revoke these exceptions either generally or in specific cases.
- Termination or Suspension of the Service or Your Access to the Service
BTO SPORTS may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if you violate any provision of the Agreement or take any action that imposes, or may impose at BTO SPORTS’s sole discretion, an unreasonable or disproportionately large load on our infrastructure. BTO SPORTS reserves the right to modify, discontinue, or suspend its operation of the Service, or any part thereof, temporarily or permanently, at any time, without notice to you. Upon termination or suspension of your access for any reason, you continue to be bound by this Agreement.
- User Content
Some areas of the Service allow Users to post Content (such as feedback, comments, questions and other information) (“User Content”). You are solely responsible for the User Content that you submit, post, upload, embed, publish, link, display, communicate or distribute to or otherwise make available (defined herein as, “post”) on the Service.
You agree not to post User Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability to you, to any other person, or to any animal;
- May create a risk of any other loss or damage to any person or property;
- May constitute a crime or tort;
- Contains any information or content that you do not have a right to make available under any laws or contractual or fiduciary relationships or that you know is not correct and current; or
- In any way obstructs or otherwise interferes with the normal performance of another persons’ use of the Service.
You agree that any User Content, and BTO SPORTS use thereof as contemplated by this Agreement, that you post does not and will not violate or infringe on any third-party rights of any kind, including, without limitation, any intellectual Property Rights (as defined below), privacy rights or rights of publicity.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdictions.
You will be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish your User Content and you license to BTO SPORTS all Intellectual Property Rights in and to such User Content for publication on the Service pursuant to this Agreement. In addition, you affirm, represent and warrant that you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Pursuant to 47 U.S.C. Section 230(d) as amended, BTO SPORTS hereby notifies you that the parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
- License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, non-sublicensable, limited, personal license to use the Service within the United States, for as long as you are a User. BTO SPORTS reserves all rights in the Service and the BTO SPORTS Content (as defined below) that you are not expressly granted to you under this Agreement. BTO SPORTS may terminate this license at any time for any reason or no reason without your consent or notice to you.
- BTO SPORTS’s Proprietary Rights
This Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustration, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “BTO SPORTS Content”), and all intellectual property rights related thereto, are the exclusive property of BTO SPORTS and its licensors. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, adapt or edit derivative works from any materials or content accessible on the Service. Use of the BTO SPORTS Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You retail all of your ownership rights in your Content. However, by submitting your User Content to BTO SPORTS, you hereby grant BTO SPORTS a worldwide, non-exclusive, royalty-free, sublicenseable and transferable (in whole or in part) license to use, reproduce, distribute, prepare derivative works of, display, and perform any of your User Content in connection with the Service and BTO SPORTS’s (and its successors and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. You understand and agree, however, that BTO SPORTS may retain, but not display, distribute, or perform server copies of your User Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You may choose to, or we may invite you to, submit comments or ideas about the Service and our products, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any idea you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BTO SPORTS under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you.
- Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify BTO SPORTS’s copyright agent and provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit BTO SPORTS to contact such as your address, telephone number, and e-mail address;
- A statement that you have 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, made under the penalty of perjury, that the above information is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
The above information must be submitted to the BTO SPORTS Copyright Agent at:
To: BTO Sports Inc.
Under United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed, the alleged infringer may file a counter-notification with BTO SPORTS’s Copyright Agent. To be effective, a counter-notification must be a written communication provided to BTO SPORT’s Copyright Agent that includes the following information:
- An electronic or physical signature of the alleged infringer;
- Identification of the material that has been removed or to which 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 believe that the material was removed or disabled as a result of a 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 the United States, for any judicial district in which BTO SPORTS may be found, 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 in (a) through (d) above:
- BTO SPORTS may promptly provide you with a copy of the counter-notification;
- BTO SPORTS may replace the removed material or cease access to the material within ten (10) to fourteen (14) business days following the receipt of the counter-notification, provided BTO SPORTS’s Copyright Agent has not received notice from you that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on BTO SPORTS’s network or system.
Please note that this procedure is exclusively for notifying BTO SPORTS and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with BTO SPORTS’s rights and obligations under the applicable copyright law, including but not limited to the Digital Millennium Copyright Act of 1988 (“DMCA”), and 17 U.S.C. §512(c), but does not constitute legal advice.
In accordance with the DMCA and other applicable law, BTO SPORTS has adopted a policy of terminating, in appropriate circumstances and at BTO SPORTS’s sole discretion, members who are deemed to be repeat infringers.
- Third-party websites, advertisers or services
You expressly relieve BTO SPORTS from any and all liability arising from your use of any third-party websites or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on BTO SPORTS, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BTO SPORTS will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
- No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSES, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BTO SPORTS AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED AND SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. YOU HEREBY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
BTO SPORTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BTO SPORTS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BTO SPORTS WILL NOT BE PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BTO SPORTS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BTO SPORTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTO SPORTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) USER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL BTO SPORTS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENCORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF THE AMOUNT (IF ANY) PAID TO XX HEREUNDER AND $100.00 US.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BTO SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITED BY LAW IN THE APPLICABLE JURISDICTION.
THOSE WHO ACCESS OR USE THE SERVICE DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW, INCLUDING, BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS.
The Service is controlled and offered by BTO SPORTS from its offices in the United States of America. BTO SPORTS makes no representations that the Service is appropriate or available for use in other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BTO SPORTS and its subsidiaries, agents, managers, licensors, licensees, representatives and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all claims, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or work transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; (f) any other party's access and use of the Service with your unique username. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
18. Pricing/Return Instructions/Sales Situs
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed an order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, including changes in tax rates.
Some special order items may require a restocking fee prior to return. Please check with your sales associate. All returns must be in new condition and include all original manufacturer’s packaging. All closeout/blowout merchandise are considered final sales and cannot be returned.
Please send us the package back with a copy of the invoice and note within 30 days from the day you receive your order. Requests after 30 days are subject to our sole discretion as to whether a return is granted.
19. Product Information/Errors
We attempt to be as accurate as possible and eliminate errors on the Service; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Service, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error ad revise your order accordingly if necessary (including charging the correct price) or to cancel the order and obtain a refund or replacement product under our Return Policy
20. Product Availability
If the item (or certain color or size) you want is sold-out or otherwise not available, when such item (or color or size) is selected in the appropriate drop-down box on the Product Information page, a notice will appear stating that the requested item is sold out and/or is otherwise not available for ordering. If this is the case, please check back later. Sometimes we will not know in advance that product is unavailable. Some items may be unavailable even if the Service indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. If the item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.
21. Electronic Transactions and Records
You agree that all of your transaction with or through the Service may, at our option, be conducted electronically from start to finish, and that any oral conversations may be corrected. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of the terms in this Agreement unless you enter into different terms provided by us. You are responsible for printing or making an electronic copy of this Agreement and any other contract or disclosure that we are required to you.
22. Shipping and Handling; No Export by You
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Service when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Service are estimates only. Actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
23. Payment and Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Service) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding your account information, you agree to keep all payment cards or other payment method information method current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
24. Returns and Exchanges
General returns information and instructions can be found at BTO SPORTS/refunds.
Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help BTO SPORTS locate the purchase in our records. After we have received your valid return authorization number, we will provide one of the following within a reasonable amount of time; an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card used to pay for the product, or other remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the conditions set forth in this Agreement or Return Policy, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
If you believe a product sold by BTO SPORTS has a condition or defect that might make it unsafe, please report this safety concern immediately by emailing us at firstname.lastname@example.org or calling 1-805-777-7601 or 1-888-613-3393
25. Complaints and Legal Notices
All complaints and legal notices should be mailed to:
BTO Sports, Inc., 600 Via Alondra, Camarillo CA 93012
If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.
BTO SPORTS MAKES NO, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PUROSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS AND SERVICES PROVIDED BY BTO SPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY BTO SPORTS. Manufacturers of non-BTO SPORTS branded products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which may vary from state to state.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
27. Exclusivity of Remedy and Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY, AND BTO SPORTS'S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER THE BTO SPORTS RETURN POLICY. IN NO EVENT SHALL BTO SPORTS BE LIABLE FOR SPECIAL, INDIRECT, INCDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHAL THE AGGREGATE LIABILITY OF BTO SPORTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(a) Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BTO SPORTS without restriction.
(c) Governing Law. You agree that the Service does not give rise to personal jurisdiction over BTO SPORTS, either specific or general, in jurisdictions other than the state of California, United States of America. This Agreement will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and BTO SPORTS that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in Ventura County, California. Those who do not choose to access the BTO SPORTS do so at their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
(d) Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000.00 US the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction.
(e) Notification Procedures. BTO SPORTS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BTO SPORTS in our sole discretion. BTO SPORTS reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notifications as described in this Agreement. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you notice as described below, our dispatch of the e-mail containing any such notice will nonetheless constitute effective notice.
(f) Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by BTO SPORTS via the Service, will constitute the entire agreement between you and BTO SPORTS concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
(g) No waiver. No waiver of an term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and BTO SPORTS’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
YOU AND BTO SPORTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact us email@example.com with any questions regarding this Agreement.