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Website Use Agreement
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| 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, 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inaccurate, incomplete or out-of-date.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. |
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| 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. |
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| INTELLECTUAL
PROPERTY RIGHTS: |
| The Site (and
all written materials and images User may obtain from
use of this Site or from Balazs, such as Balazs's
catalogs, brochures, and product information, labels and
instructions) are protected by copyright under 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, world-wide, 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. |
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| 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. |
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| 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 User may access through 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. |
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| GENERAL: |
| The term of
this Agreement shall commence when the User first visits
the Site and shall apply to all of 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
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 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. User may not assign this Agreement. |
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