Thank you for visiting the Joe Ball Company website. The Joe Ball Company (“Joe Ball”) provides products and services via website to you subject to the following conditions, which may be updated by Joe Ball from time to time without notice to you. If you visit or shop at JoeBallCompany.com or www.JoeBallCompany.com (“Website”), you accept these conditions. Please read these conditions before use of the Website. The Conditions of Use constitutes the entire agreement between you and Joe Ball and governs your use of the Website, superseding all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and Joe Ball with respect to the Website. If you do not accept the terms and conditions, do not use the Website. In addition, when you use any current or future Joe Ball service you also will be subject to the guidelines, terms, and agreements ( collectively, “Additional Terms”) applicable to such service. If these terms and conditions are inconsistent with such Additional Terms, the Additional Terms will govern.
When you visit or use the Website, you agree all e-mail provided by Joe Ball to you, and disclosures, notices, agreements and any other electronic communication provided on the Website satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, HTML code, scripts, designs, photographs, artwork, video, and other materials (collectively, “Content”) that appear as part of the Website is the property of Joe Ball or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Joe Ball and protected by U.S. and international copyright laws.
Joe Ball will not tolerate any unauthorized use of our trademarks, trade names, and trade dress. Joe Ball’s trademarks and trade dress are protected by U.S. trademark laws and international laws and treaties. No license for the use of Joe Ball’s trademarks and trade dress is granted to you under these terms and conditions or by use of the Website. You shall not use Joe Ball’s trademarks and trade dress in any manner without express written consent of Joe Ball.
SITE USE LICENSE
Joe Ball grants you a limited license to use the site for your personal (that is, for the purchase of our merchandise and services) use. This limited license is subject to the following restrictions:
b. You may not access or use the Website for any competitive or commercial purposes without express written consent.
c. You may not use framing, inline linking or any other techniques to enclose any Content of Joe Ball without the express written consent of Joe Ball.
This license also grants the user the limited, revocable, nonexclusive right to create a hyperlink to the home page of Joe Ball’s Website as long as the link is not likely to cause confusion as to where the link will take the user, and will not in any manner disparage or discredit Joe Ball. You shall make sure the link does not contain any proprietary graphic or trademark of Joe Ball, unless you have express written consent. Joe Ball reserves the right to revoke this limited license at any time for any or no reason.
Joe Ball strives for accurate product descriptions, photos, references, pricing, links, and any other product-related information (“Product Info”) on the Website. From time to time, due to human error and other determinates, information on the Website may contain typographical errors, inaccuracies, or omissions that may relate to Products Info. Due to these imperfections, we cannot guarantee that the Product Info or any information on the Website is entirely accurate, complete, or current, nor can we assume responsibility for these errors. In the event a products pricing is listed incorrectly for any reason, Joe Ball reserves the right to refuse and/or cancel any order for said product and shall immediately amend, correct and/or remove the inaccurate information. Joe Ball reserves the right to make changes to any information on the Website including but not limited to Product Info, at anytime without notice to the customer. Joe Ball reserves the right to refuse service to any customer and/or limit the order quantity on any product. Joe Ball is not responsible for changes or variations in product specifications. Joe Ball puts a lot of energy into making sure Product Info is correct and update, but changes may occur to a product despite our efforts and make our Product Info out of date. Joe Ball relies on manufacturers to notify and supply us with product changes. Consequently if the manufacturers fail to do so, Joe Ball will not be held responsible for product changes.
YOUR PERSONAL ACCOUNT
You may choose to register with us through your website and create an account. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you are fully responsible for all activities that occur under your password and account. You agree to ensure that you exit from your account at the end of each session. Joe Ball will not be liable for any loss or damage arising from your failure to comply with this Section Your Personal Account. Joe Ball reserves the right to terminate your account for any reason or no reason and without prior notice to you. Joe Ball will not be liable for any loss or damage to you or any third party for any termination of your account.
COMMENTS, FEEDBACK, AND OTHER COMMUNICATION
You may post reviews, comments, provide feedback, suggestions, ideas, questions and other communication (collectively “Communication”) to Joe Ball. You agree that the content of the Communication shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties and does not contain viruses, political campaigning, commercial solicitation, or any other form of spam. You warrant that you own or otherwise control all of the rights to the Communication you provide to Joe Ball. You agree that all Communication with Joe Ball automatically becomes the property of Joe Ball without any obligation of Joe Ball to you. Joe Ball is entitled to use such Communications for any purpose in any way throughout the universe in any media. You are not entitled to any compensation or reimbursement of any kind from Joe Ball for such Communication under any circumstance. You will indemnify Joe Ball and its affiliates, officers, agents, employees, partners, and licensors for all claims resulting from the Communication you provide through Joe Ball services and Website. Joe Ball will remove and edit Communication that does not adhere to this Section Comments, Feedback, and Other Communication. Joe Ball reserves the right to edit and remove any Communication for any reason or no reason.
Links may be provides by Joe Ball or third parties to other third party web sites or resources. You acknowledge and agree that Joe Ball is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Joe Ball will not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content goods or services available on or through any such sites or resources
RISK OF LOSS
All items purchased from Joe Ball will be shipped to you with a Free On Board shipping point. This means the title to the purchased items and risk of loss passes to you upon delivery to the carrier.
Joe Ball respects the intellectual property of others. If you believe that Joe Ball has copied your work in a way that constitutes copyright infringement, you agree to contact Joe Ball and provide Joe Ball with a copy of the original work and the location on the site where the infringement.
SPECIAL ADMONITION FOR JOE BALL SERVICES AND PRODUCTS RELATING TO HEALTH AND PERSONAL WELL BEING
Joe Ball is providing informational purposes only and no Content or Product Info included in the Website is intended for advising which product or service would be best for your health and personal well being. Again, THIS CONTENT AND PRODUCT INFO INCLUDED IN THE WEBSITE IS NOT INTENDED FOR ADVISING YOU WHICH PRODUCT OR SERVICE WOULD BE BEST FOR YOUR HEALTH AND PERSONAL WELL BEING. If you are making any decision regarding your health or personal well being we strongly suggest you see a doctor for advice. Joe Ball and its suppliers will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website, and will not be responsible or liable for any health or personal well being decisions based on such information.
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY JOE BALL “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOU USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JOE BALL DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. JOE BALL DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THE SERVERS OR EMAIL FROM JOE BALL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOE BALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you
No implication is made that the materials published on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. By visiting the Website, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Joe Ball
WAIVER AND SEVERABILITY OF TERMS
The failure of Joe Ball to exercise or enforce any right or provision of the Conditions of Use will not constitute a waiver of such right or provision. If any provision of the Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provisions, and the other provisions of the Conditions of Use remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Joe Ball or the Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.