This Website Use Agreement ("Agreement") is between you ("User") and Balazs Inc. ("Balazs"). In consideration of the right to access and use Balazs' website www.balazsboxing.com (the "Site") and the services and products offered on the Site, the User agrees to the terms and conditions set forth in this Agreement. This Agreement applies to the services and products currently offered by Balazs and any services or products that the Balazs may choose to offer in the future (unless stated otherwise).
CONTROL OF THE SITE / SITE ACCURACY / PRODUCT AVAILABILITY:
Balazs may change, suspend or discontinue the terms of this Agreement or any aspect of the Site, including, but not limited to, all content (e.g., services and products offered, product information, product descriptions), hours of availability, and equipment needed for access or use, at any time. User's continued use of the Site shall constitute acceptance of any new or changed terms of this Agreement. Balazs may also impose limits on certain features and services or restrict User's access to parts or all of the Site without notice or liability. This Site's Content (as defined below) may be inaccurate, incomplete or out-of-date. Balazs makes no representation or warranties as to the completeness, accuracy or timeliness of any information. By way of example, without limiting the foregoing, product(s) may be unavailable, they may have different attributes than those listed or they may actually carry a different price than that stated.
ORDER ACCEPTANCE:
While it is our practice to confirm orders by email, the receipt of an order confirmation email does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Balazs reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Balazs may also require verification of information prior to the acceptance of any order. If you have any questions or comments, we invite you to call our customer service department at (888) 466-6765. Balazs values your business and is committed to attempting to make your shopping experience an enjoyable one.
CALIFORNIA PROPOSITION 65
California customers who use this site and purchase products are hereby agreeing to the knowledge of Balazs Boxing putting them on notice of the CALIFORNIA PROPOSITION 65 WARNING.
INTELLECTUAL PROPERTY RIGHTS:
The Site (and all written materials and images User may obtain from the use of this Site or from Balazs, such as Balazs's catalogs, brochures, and product information, labels, and instructions) are protected by copyright under the United States copyright laws, international conventions, and other copyright laws. The logo, slogans, and other distinctive designs are owned by Balazs or its suppliers and are protected by the state, national, and international laws of trademark, trade dress, and unfair competition. All materials contained within the Site (the "Content") are protected by copyright and are owned or controlled by Balazs or the party credited as the provider thereof. User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site.
By uploading files, inputting data, or engaging in any other form of communication (individually or collectively, "Communications") to the Site, User hereby grants to Balazs a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, subject to Balazs's Privacy Policy, in all media now known or hereafter developed. User hereby waives all rights to any claim against the Balazs for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
HYPERLINKS/USER'S USE OF THE SITE:
Balazs welcomes links to the home page of the Site; provided, however, that User obtains the express written permission of Balazs prior to linking to the Site. To obtain Balazs's permission, please e-mail us at webmaster@balazsboxing.com. User may not link to the Site in any manner that would bypass Balazs's home page. User further promises not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site. User may not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure (e.g., the sending of mass e-mail or junk mail, known as "Spamming"). User may not "frame" the Site or any portion thereof.
DISCLAIMERS/ LIMIT OF LIABILITY:
This Site contains links to other websites. Links to and from such websites do not constitute an endorsement by Balazs of such website or the resources, products or services offered by or on them. Balazs makes no guarantees or warranties of any kind as to the websites, their products or services, or any information found on the Internet that the User may access through the use of the Site. THIS SITE IS PROVIDED "AS IS." USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE SITE AND ALL ITS CONTENTS IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTS FROM THE USE, RELIANCE UPON OR DOWNLOADING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR BALAZS'S WARRANTY STATEMENT, BALAZS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THAT THE SITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ADVICE OR INFORMATION OBTAINED BY USER, EITHER ORALLY OR IN WRITING, FROM THE SITE OR SOME SERVICE OFFERED ON THE SITE SHALL NOT CREATE ANY WARRANTY OF ANY KIND, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.
BALAZS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED (TO THE FULLEST EXTENT PERMITTED BY LAW) OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BALAZS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAMAGES EXCEED FEES, IF ANY, PAID BY USER TO BALAZS.
GENERAL:
The term of this Agreement shall commence when the User first visits the Site and shall apply to all of the User's subsequent visits. Balazs may, with or without cause, immediately terminate this Agreement, and deny User access to the Site. Balazs may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the User's right to access the Site if User breaches this Agreement or if the Balazs is unable to verify or authenticate any information User has provided. Balazs's failure to act with respect to a breach by User or others does not constitute a waiver of Balazs's right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Balazs and User hereby consent to the exclusive jurisdiction of the state and federal courts located in Pennsylvania in connection with any dispute based on, arising out of, or related to this Agreement or User's use of the Site (or Balazs's products or services). This Agreement constitutes the entire understanding between Balazs and User with respect to User's use of the Site. Any cause of action the User may have with respect to the use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The user may not assign this Agreement.