Terms


Last Updated: March 5 2015

Welcome to BOLE which is owned and operated by BOLE, Inc. Please read these terms and conditions of service (these “Terms”) carefully.

These Terms apply to your access to and use of boleball.com (the “Site”) and BOLE's products and services (collectively, the “Services”).

By accessing or using the Site or purchasing any Services, you are entering into a binding agreement with BOLE and agree to be bound by these Terms. Notwithstanding any terms to the contrary in these Terms, in the event of a conflict between these Terms and the terms and conditions of any limited warranty provided by BOLE, the terms and conditions of any limited warranty provided by BOLE will govern.

PRIVACY POLICY

Please refer to our Privacy Policy for information on how BOLE collects, uses and discloses your information when you use our Services.

OUR COMMITMENT TO YOU

We stand behind our products and services. Please read our warranty for further details.

TERMS OF SALE

You will be charged a one-time fee for the products. All shipping and handling fees are included in the product pricing.

If payment is made via credit/debit card, you hereby: (a) authorizes BOLE (or its authorized payment processor) to charge the credit/debit card number you provide via the Site; and (b) represent and warrant that you are authorized to use and have fees charged to credit/debit card number you provide via the Site.

Refunds will be handled on a case-by-case basis and are subject to our warranty.

MODIFICATIONS

BOLE reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of BOLE) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an e-mail, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by BOLE. Any changes or modification will be effective 30 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Services following the Notice Period will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.

FEEDBACK

In the event you elect, in connection with your use of the Services, to communicate to BOLE suggestions for improvements to the Services (“Feedback”), BOLE will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as confidential. You acknowledge that BOLE may have ideas or materials similar to the Feedback already under consideration or development and that you are not entitled to compensation or reimbursement from BOLE of any kind in connection with the Feedback.

ARBITRATION

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND BOLE TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.

You and BOLE will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Service, except that neither you nor BOLE is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND BOLE FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and BOLE will notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration. Arbitration will be conducted confidentially in Richmond, Virginia, by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATION, AND NEITHER you NOR BOLE will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.

You can choose to reject this agreement to arbitrate (“opt out”) by sending BOLE a written opt-out notice (the “ Opt-Out Notice ”) to info@boleball.com within 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.

LIMITED LICENSE

Unless otherwise indicated on the Site, the Site and all content and other materials contained therein are the proprietary property of BOLE or its licensors or users and are protected by U.S. and international intellectual property laws, including, without limitation, BOLE logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “BOLE Materials”).

You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use BOLE Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Site.

Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use BOLE Materials for any commercial purpose; (b) distribute, publicly perform or publicly display any BOLE Materials; (c) modify or otherwise make any derivative uses of BOLE Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of BOLE Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer BOLE Materials, translate BOLE Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying BOLE Materials or reduce BOLE Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within BOLE Materials; or (h) use BOLE Materials other than for their intended purpose. Any use of BOLE Materials other than as specifically authorized herein, without the prior written permission of BOLE, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.

You acknowledge that all right, title and interest in and to BOLE Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with BOLE or its third party licensors.

HYPERLINKS AND THIRD PARTY MATERIALS

You may create a hyperlink to the Services for noncommercial purposes, but you may not use, frame or utilize framing techniques to enclose any BOLE Materials (including any BOLE trademark, logo or other proprietary information) without BOLE's express written consent.

BOLE may make third party content or services available on or through the Services (collectively the “Third Party Materials”) solely as a convenience to its users (e.g., links to third party websites, advertisements and promotions from third parties or the ability to use social media tools provided by third parties). YOUR USE OF ANY SUCH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. BOLE does not control, endorse or adopt any Third Party Materials and makes no representation or warranties of any kind regarding the Third Party Materials, including without limitation regarding the accuracy or completeness of such Third Party Materials. Your business dealings or correspondence with such third party, and any terms, conditions, warranties or representations applicable to the Third Party Materials, are solely between you and such third party. When you leave our Services, you should be aware that these Terms and all other BOLE policies no longer govern your use of such websites and services or any content contained thereon. You acknowledge and agree that BOLE is not responsible or liable in any manner for any Third Party Materials and undertakes no responsibility to update or review any Third Party Materials.

LIMITATION OF LIABILITY

THE SITE, THIRD PARTY MATERIALS AND BOLE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. IN NO EVENT WILL BOLE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THIRD PARTY MATERIALS AND/OR BOLE MATERIALS. VENUE; GOVERNING LAW

The state and federal courts located in Richmond, Virginia, will have exclusive jurisdiction over any suit in connection with the Service or these Terms that is not subject to arbitration, and you and BOLE hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Service will be governed by, construed in accordance with, and enforced under the laws of the State of Virginia, without resort to its conflict of law provisions.

MISCELLANEOUS

Except as otherwise expressly elsewhere in these Terms, there will be no third party beneficiaries to these Terms. Enforcement of these Terms is solely at BOLE's discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of BOLE's right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.

QUESTIONS

If you have any questions regarding the use of the Service, please email BOLE at info@boleball.com.