You are responsible for ensuring that your use of or participation in the activities of the Website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you.
SLINGER BAG IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
All content in the Website is owned by Slinger Bag. “Content” includes, but is not limited to, all text, graphics or code herein. Content is copyrighted as a collective work under copyright laws of the United States and other applicable copyright laws. Subject to the limitation and restrictions stated herein, you may view, play, print and download content, including audio and video content, for personal and non-commercial use only, or to place an order with Slinger Bag for the purchase of Slinger Bag products. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by Slinger Bag.
All trademarks, service marks and trade names of Slinger used herein (including, but not limited to the Slinger Bag name, the Slinger Bag “script”, are trademarks or registered trademarks of Slinger Bag and may not be used without the express written permission of Slinger Bag.
All other intellectual property in the Website, including, but not limited to patents, issued or pending, is the sole property of Slinger Bag and/or its licensors.
Slinger Bag reserves the right to change the descriptions, specifications, and prices of the products offered on the Website without notice and at any time. Slinger Bag does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times.
Certain products may not be available for delivery to your country of residence.
Products ordered through the Website are subject to acceptance by Slinger Bag at its sole discretion. Slinger Bag may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party.
If a purchaser’s credit card has been charged for an order that is subsequently cancelled by Slinger Bag, Slinger Bag shall issue a credit to your credit card account.
RISK OF LOSS
Risk of loss and title for all products purchased from Slinger Bag will pass to you upon Slinger Bag’s delivery of such products to its shipping carrier.
LINKS TO THIRD PARTIES
USER GENERATED CONTENT
Slinger Bag does not, and you agree that Slinger Bag has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Website) (collectively, “User Generated Content”), that Slinger Bag is not in any manner responsible for User Generated Content, that Slinger Bag does not guarantee the accuracy, integrity or quality of User Generated Content, and that Slinger Bag cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, Slinger Bag is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Slinger Bag or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that Slinger Bag has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Slinger Bag reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated
You may not post or otherwise distribute content to the Website which Slinger Bag in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Slinger Bag or another party, illegal, or otherwise objectionable to Slinger Bag.
USE OF INFORMATION
You agree that Slinger Bag is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Website, or created by you while accessing the Website (including, without limitation, any designs or other materials created or submitted by you on the Website), or contained in any communication you may send to Slinger Bag or submit to the Website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
ADDITIONAL TERMS & CONDITIONS
THE WEBSITE AND ANY INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SLINGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SLINGER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SLINGER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
SLINGER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITE AND ANY LINKED SITES.
EXCEPT AS PROHIBITED UNDER APPLICABLE LAW, SLINGER BAG WILL NOT BE LIABLE FOR DAMAGES OR INJURY CAUSED BY THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. SLINGER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Except as prohibited under New Jersey law, you hereby agree to indemnify, defend and hold harmless Slinger Bag and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any claim arising out of any User Generated Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. Slinger Bag reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Slinger Bag. You shall cooperate as fully as reasonably required in the defense of any claim.
(b) Dispute Resolution.
(c) Effects of Mandatory Arbitration.
You understand, acknowledge and agree that by agreeing to arbitrate in the manner required above in sub-paragraph (b), you are waiving any right you may have to bring before a court (for other than injunctive relief as provided below), any claim that you may have arising out of, or for any violation of, any federal, state, local or other law, regulation or ordinance, or any other rights protected or arising under any law, rule or regulation. Nevertheless, you agree to waive all such rights you may have and agree to submit all disputes to binding arbitration in accordance with the terms hereof.
*** THE FOLLOWING IS A MANDATORY ARBITRATION PROVISION ***
*** THE FOLLOWING IS A WAIVER OF RIGHTS TO A CLASS ACTION ***
(e) Authority and Decision.
The Arbitrator shall have the authority to award the same damages and other relief that a court could award. The Arbitrator shall issue a reasoned award explaining the decision and any damages awarded. The Arbitrator’s decision will be final and binding upon the parties. The parties will abide by, and fully perform, any award rendered by the Arbitrator. In rendering the award, the Arbitrator shall state the reasons therefore, including (without limitation) any computations of actual damages or offsets, if applicable.
The arbitration proceedings including all filings, discovery and communications related to such proceedings and any result(s) of arbitration (including any arbitration award) shall be maintained as confidential information by the parties, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and other parties with a strict need to know.
(h) Enforcement; Jurisdiction; Service of Process.
To the extent court action is required to enforce any arbitration decision hereunder or the waiver of class action hereunder, such action shall be brought in the state and federal courts located in the City of New York, Borough of Manhattan and you hereby consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.
Your use of the Website shall be governed by the laws of the State of New York, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website (including, but not limited to the purchase of SLINGER products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in [the City of New York, Borough of Manhattan]. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Slinger Bag products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive electronic communications from Slinger Bag. You agree that any notice, agreement, disclosure or other communication that Slinger Bag sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Slinger Bag's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not
be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Slinger Bag may assign its rights and duties under this Agreement to any party at any time without notice to you.
This Website is operated by Slinger Bag Americas Inc., 2709 N Rolling Road, Suite 138, Windsor Mill, MD 21244.
Any queries with respect to this Website may be made on www.slingerbag.com/contact.