POLICIES AND PROCEDURES
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the BH Site, receive data from the BH Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the BH Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the BH Site that may direct your browser or your connection to third party Web sites or Web pages.
• GENERAL USE OF THE BH SITE.
The BH Site is available to users in the general public without registering and you may visit and browse the BH Site without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit or restrict any portion of the BH Site at any time and from time to time, without notice to you.
• OWNERSHIP AND PROPRIETARY RIGHTS.
Copyright © 2009 BattleAxe Hockey, LLC – All Rights Reserved.
The BH Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the BH Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of BH and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
All Content on the BH Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. BH authorizes you to access Content and grants you the right to use the BH Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the BH Site, including notices on any Content you display, print or reproduce from the BH Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of BH. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the BH Site unless you are expressly authorized to do so by BH. As an express condition of your use of the BH Site, you warrant to BH that you will not use the BH Site for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. BH makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the BH Site.
We respect the intellectual property of others, and we ask you to do the same. Accordingly, BH has adopted the following Intellectual Property Compliance Policy. If you or any user of the BH Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the IP Rights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
BattleAxe Hockey, LLC
Attention: Legal Department
On notice, we will act expeditiously to review and if necessary to remove content on the BH Site that infringes the copyright rights of others and will disable the access to the BH Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on or of the BH Site, including, without limitation, "BattleAxe Hockey" and or stylized hockey sticks logo are the intellectual property of and proprietary to BH, its advertisers, suppliers and others with whom BH may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of BH.
4. ACCURACY OF INFORMATION & MERCHANDISE DESCRIPTIONS
We try to assure the accuracy of all information displayed on the BH Site, but it is possible that the information contains errors, inaccuracies, or omissions. You accept full responsibility for your use of the BH Site. In particular, with respect to merchandize offered on the Site (collectively “Merchandise”), we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor the colors you see might not accurately depict the actual colors of the Merchandise. Minor color variations will not be considered as resulting in Merchandise being deemed defective. In addition, due to typical and very common manufacturing inconsistencies, Merchandise weights and measurements can vary slightly from the specific information set forth on the BH Site. Minor variations in Merchandise weighs and measurements will not be considered as resulting in Merchandise being deemed defective.
5. PRICING AND AVAILABILITY
All Merchandise prices are shown in U.S. dollars, and are valid and effective only for Merchandise ordered and shipped within the United States. Merchandise is 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 your order. All prices are subject to change without notice.
6. HYPERLINKS TO THIRD PARTY SITES.
7. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE BH SITE AND ALL MATERIALS, AND MERCHANDISE THEREON, ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND (EXCEPT FOR A LIMITED WARRANTY WITH REGARD TO STICK PRODUCTS) EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE BH SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the BH Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the BH Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE BH SITE, BH OR, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE BH SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have BH, upon written notice from you to us, ACCOMPANIED BY THE ORIGINAL RECEIPT FROM AN AUTHORIZED VENDOR, attempt to repair, correct or replace any deficient Merchandise under this Agreement. Merchandise shall be deemed “deficient” for these purposes if, in the sole opinion of BH the item suffered from a defect in manufacture and it had not been adused, or modified. If there is a determination of abuse or modification we reserve the right to terminate your use of the BH Site. You further understand and acknowledge the capacity of the BH Site, in the aggregate and for each user, is limited. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
8. ADS AND MALWARE.
We take great care and pride in creating the BH Site. We are always on the lookout for technical glitches that effect how the BH Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the BH Site -- and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the BH Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the BH Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the BH Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
9. INTERNATIONAL USE.
Although the BH Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the BH Site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for any product, service, and/or information made in connection with the BH Site is void where prohibited.
10. MISCELLANEOUS TERMS.
Without limitation, this Agreement contains the entire understanding and agreement between you and BH and supersedes any and all prior, inconsistent or other understandings relating to the BH Site and your use of the BH Site. This Agreement cannot be modified, changed or terminated, except as specifically described herein.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the BH Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the BH Site shall be governed by, construed and enforced in accordance with the substantive laws of the Commonwealth of Virginia applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable Commonwealth and Federal Courts situated in the Commonwealth of Virginia and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that BH has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE BH SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.