TERMS OF USE
We welcome and thank you for visiting www.fullblastgear.com Full Blast Enterprises LLC (“FBE,” “Our,” “Us,” or “We”), a Colorado limited liability company with its principal office at 9809 Cypress Pt. Cir., Lone Tree, CO 80124, owns and operates this website (the “Site”). These Terms of Use (“TOU”) and conditions describe all users’ (“User,” “You,” “Your”) rights and responsibilities with regard to the Site, the Services We provide, and Our Goods, as those terms are described below. These TOU are applicable to all websites, apps, Services, and Goods We provide. Your access to and use of the Site is subject to these TOU, Our Privacy Policy, as well as all applicable laws and regulations. You understand and agree that these TOU are entered into between You and FBE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE, SERVICES, GOODS, OR ANY INFORMATION OR CONTENT PROVIDED BY US OR THROUGH THE SITE OR SERVICES.
We reserve the right to review, amend, edit, alter, or remove any part of these TOU in Our sole discretion at any time and without prior notice to You. You should check these TOU from time-to-time to determine if any changes have been made. We will attempt to notify You regarding any changes, including by contacting You at the email address You have provided Us. Any changes to these TOU are effective thirty (30) days after posting them to the Site. Unless otherwise indicated, any new Content (as defined below) is also subject to these TOU upon posting to the Site. IF YOU DISAGREE WITH THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE OR SERVICES, subject to applicable legal obligations. Your continued use of the Site or Services after a change has been posted constitutes Your acceptance of the changes. Our employees do not have the right to modify these TOU orally or otherwise. If any of Our employees offers to modify the provisions of these TOU except using the process described above, he or she is not acting as an agent for Us or speaking on Our behalf.
These Terms contain provisions that govern how claims You and Us (or any of Our predecessors, successors, licensees, and permitted assigns) have against each other relating to the Site or Our Services or Goods are resolved (see the section on “Arbitration” below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require You to submit claims You have against Us to binding arbitration, unless You opt-out in accordance with the below “Arbitration” section.
SERVICES
Our “Services” include the following:
- Retail, online sales of proprietary and third-party products (collectively, “Goods”).
- Providing a website to facilitate the above retail sales.
- The receipt, processing, and fulfillment of customer orders of Goods, and work with third-party shipping providers to deliver ordered Goods to customers.
- Providing access or presenting a number of informational and educational materials, tools, and resources (collectively, the “Materials”) through Our Site and Services about sporting goods and sporting activities.
- Providing Users access to the Site and Our apps.
CONTENT, PRICING, AND ACCURACY
All features, content, availability, specifications, products and prices of products and Services described or depicted on the Site (collectively, “Content”) are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measurements and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Site is complete, accurate, and up-to-date, including applicable colors of Goods; however, the actual color You see depends on Your device set-up, and We cannot guarantee that Your device will accurately display such colors. Despite Our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out-of-date. We make no representation as to the completeness, accuracy, or currency of any information on the Site. For example, products or services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, We reserve the right to cancel any orders (or partial orders) for such products or services.
SHIPPING CHARGES AND LIMITATIONS
When a product order is placed for delivery, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All deliveries of product purchases from a Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from a Site pass to You upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Shipping charges may exceed actual shipping costs. After placing Your order, We will send You a confirmation email or text message (as elected). Please consult Your confirmation communication for Your specific estimated delivery time. All delivery/shipping times are estimates. We do not make any guarantee that Your order will be delivered at any specific time. We will not have any liability for any order delays.
CONFIRMATION, CANCELLATION AND COUPONS
While it is Our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute Our acceptance of an order nor Our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any Good or Service or to refuse Service or fulfillment of any order to any customer; (b) to discontinue any Good or Service; (c) to bar any User from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
For clarification, orders may be limited or canceled at any time including after receipt of a confirmation or shipping email. We also may require additional information or verification of information prior to the acceptance or shipment of any order.
For products purchased from Our Site using a credit card, an authorization may be placed on Your credit card when You place an order. You will be charged for an item (and Your purchase of such item will be complete) when the item in Your order is shipped. Partial shipment or partial cancellation of orders may occur.
For products purchased from Our Site using a gift card, the full amount of the purchase price will be applied to Your gift card when You place the order. If an order for an item purchased with a gift card is canceled, the amount applicable to the canceled item will be restored to Your gift card or You will be issued a new gift card for such amount.
PAYMENT AND REFUND REQUESTS
You agree to pay all fees due for Services and Goods requested, purchased, or ordered. You will see a prompt for Your payment details, such as Your credit card information and any promotional or coupon codes You may have. By entering Your payment information and submitting Your request, You authorize us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card expires or FBE, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. FBE does not have any obligation to provide any Services, Goods, or to fulfill any orders unless and until full payment has been received or verified, as applicable.
If You dispute any charges, You must let Us know within thirty (30) calendar days after the date We charge You. To request a credit or refund, You must submit a claim by email at: info@fullblastgear.com. The email must contain the following information: (i) the words “Refund Request” in the subject line; (ii) a detailed reason for the refund request, including the invoice number, if applicable; and (iii) the name and reasonable contact information for You or Your contact representative. Failure to provide the request and other information as required above may disqualify Your request for a refund. All approved refunds will be issued within thirty (30) calendar days of approval. Approved refunds will be paid using the payment method on file for the refunded party, or via any other method We determine is appropriate in Our sole and exclusive discretion.
USER REGISTRATION AND ACCOUNTS
You may have to register a “User Account” to access certain parts of the Site or Our Services. As part of that registration, You will create a username and password and become a “Registered User.” If You are a Registered User, You agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about Yourself that You have provided to FBE. If You do not maintain such information, or if FBE has reasonable grounds to suspect Your information is incorrect, outdated, or false, or that Your account is compromised by malware or spyware, FBE has the right to suspend, delete, or terminate Your account and Your use of the User Account and Services. Should this need arise, We will make reasonable efforts to inform You of any modifications made, via the email address listed for Your account. You also agree to immediately notify Us of any unauthorized use of Your username, password, User Account, or of any other breach of security that You become aware of involving or relating to the Services by emailing FBE at info@fullblastgear.com. FBE may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services and Your User Account.
You agree to keep confidential Your username and password and to exit from Your User Account at the end of each session. You are responsible for all activities that occur under Your User Account and for maintaining the confidentiality of Your password. If You think Your User Account has been compromised, You are exclusively responsible for promptly changing Your password. You may not transfer or share Your password to Your User Account with anyone, or create more than one User Account. You may not use anyone else’s User Account at any time. FBE EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. You acknowledge and agree:
- All or any part of the Site may not be accessible at any time, for any period, or for any reason; and
- FBE will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
We reserve the right, including if We become aware that You are under the age of eighteen (18) (or age of majority if higher in Your place of residence), to terminate Your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If You are under the age of eighteen (18) (or age of majority if higher in Your place of residence), You may not have an account and You may use the Site only with the involvement of a parent or guardian.
TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to Your use of mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.
PRIVACY POLICY
Our Privacy Policy applies to Your access and use of the Site, including any personal information provided via the Site or via any other aspect of the Site. The terms and conditions of Our Privacy Policy are hereby incorporated by reference into these TOU. In addition, the Privacy Policy is subject to the terms and conditions of these TOU, and in the event of a conflict between these TOU and the Privacy Policy, these TOU shall govern and prevail.
OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE
With the exception of any personal data or information You submit maintained in accordance with Our Privacy Policy, You understand and agree that any information You provide to FBE on or through the Site or Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of FBE. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting without notice to You or payment for it. FBE shall be free to use any ideas, concepts, know-how, or techniques contained in any communication You send to FBE via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
To the extent the foregoing provision does not apply, or is deemed by a court of appropriate jurisdiction not to apply to any personal data or information subject to the foregoing paragraph, and to the extent permitted by law, You: (1) understand and agree that any such information provided by You may be used, copied or displayed by FBE, FBE may create derivative works of any such data, and FBE may provide such data to Our service providers, Our successors and assigns in performance of their services; and (2) grant FBE Our service providers, Our successors and assigns, and affiliated service providers, a fully transferable, royalty-free, and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any data or information You submit on or through the Site for the purposes of providing the Services to You; conducting research or analyses of such data; and designing, developing, implementing, modifying or improving new, current, or future features, products and services of FBE using such data.
OWNERSHIP OF SITE CONTENT, TRADEMARKS
As between FBE and You, FBE is the sole and exclusive owner of all right, title, and interest in and to the Site and its Content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), all intellectual property rights therein, and any suggestions, ideas or other feedback provided by You. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on Our Site except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by FBE or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content.
Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or the intellectual property within or on it, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of FBE or its affiliates. You are not authorized to use any such Marks without the express written permission of FBE. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates.
YOUR CONSENT
You agree that Your use of the Site and any uses of any Services or materials related to the Site are subject to Your agreement with all of these TOU as well as Our Privacy Policy, which is incorporated into these TOU by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any Material within or through the Site.
ACCEPTABLE USE
Subject to Your compliance with these TOU, FBE grants You, the Site User, a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site solely for Your personal and non-commercial use, and solely as permitted under these TOU and Our Privacy Policy. Any unlawful use of this Site or use inconsistent with these TOU is prohibited and will result in, at a minimum, an automatic termination of this license. FBE and its affiliates expressly reserve all rights, title, and interests not expressly granted under this license. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.
Except as FBE expressly authorizes, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site, Goods, or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any Goods, or software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site, Goods, or Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Site, Goods, Services, or related materials in any way; (g) use or access the Site, Services, or Goods to create or develop competing products or services or for any other purpose that is to FBE or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site, Services, or Goods in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure FBE or its service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Our Site, Our Services, the Goods or any Content made available to You on or through Our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through Our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to FBE or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) use the Site, Services, or Goods in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual), or otherwise post objectionable material of any kind or nature or which is harmful to minors in any way; (p) otherwise use the Site, Services, or Goods in any manner that exceeds the scope of the license granted above; or (q) encourage or enable any other individual to undertake any of the conduct listed in this section. If FBE blocks You from accessing the Site, Our apps, or the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address).
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT/IMPORT COMPLIANCE
Recognizing the global nature of the Internet, You agree to comply with all applicable rules and laws regarding online conduct and acceptable content. Use of the Services or Goods may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations: see https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear) and sanctions control programs of the United States (see https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, You represent and warrant that You: (a) are not a prohibited party identified on any government export exclusion lists (see https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services or Goods for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer upload, or post via the Services, any software, technology or other technical data in violation of the U.S. or other applicable export or import laws.
USER OBLIGATION
In consideration of Your use of the Site and Our Services, You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Services or purchasing the Goods under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Site. If You are between the ages of 13 and 18 years old, You may use the Site solely with the approval of Your parent or legal guardian.
LINKS TO THIRD-PARTY WEBSITES
The Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). Linked Sites may not be under Our control, and We are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and You agree and understand We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived at the Site through a Linked Site, including a Linked Site controlled by an FBE parent, subsidiary, or affiliate. You understand and agree that We are not responsible for the information, products, or services described on those Linked Sites and only these TOU will apply to Your use of or access to this Site.
SITE ACCESS; TERMINATION
The TOU will remain in full force and effect as long as You continue to access or use the Site or Services. You may terminate the TOU at any time by discontinuing the use of the Site. Your permission to use the Site, Services, and Our apps automatically terminate if You violate these TOU. FBE reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in FBE’s sole and exclusive discretion. Including but not limited to for Your violation of these TOU. The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; and Assignment. Subject to applicable law, FBE reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention or content destruction policies, where applicable. After such termination, FBE will have no further obligation to provide the Services.
ATTENTION CALIFORNIA RESIDENTS − PROPOSITION 65 WARNING. California’s Proposition 65 (“Prop 65”) entitles California consumers to receive special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We are as concerned about product safety as You are and We take all reasonable steps to comply with applicable safety and health requirements. As part of Our Services, We may facilitate transactions involving goods that may contain chemicals subject to Prop 65. We do not handle these goods and are not responsible for warnings associated with them. Please check all products in any way related to the Services as You deem fit for their appropriate Prop 65 disclosure documentation. Please refer to California’s official governmental page on Prop 65 for more information: https://oehha.ca.gov/proposition-65.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE YOUR USE OF THE SITE, SERVICES, APPS, AND GOODS IS AT YOUR OWN RISK. FBE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE PROVISION OF THE SITE, OUR SERVICES, THE GOODS, THE ACCURACY OR COMPLETENESS OF THE SITE OR OUR SERVICES’ CONTENT, OR INFORMATION LINKED THROUGH THE SITE, INCLUDING LINKED SITES, OR OUR SERVICES. YOU ACKNOWLEDGE AND AGREE FBE PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
UNLESS OTHERWISE SPECIFICALLY INDICATED, FBE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (collectively, Our “Related Persons”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SERVICES, OUR APPS, AND THE GOODS, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD-PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER FBE NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THIRD-PARTY GOODS OR YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE GOODS OR SITE. FURTHERMORE, FBE DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND FBE DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL OR INFORMATION.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL FBE OR ITS RELATED PERSONS OR LICENSEES BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE, OUR SERVICES, OUR APPS, OR THE GOODS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR SUCH USES. THIS IS TRUE EVEN IF FBE OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE FOREGOING LIMITATIONS DO NOT APPLY TO: (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS; OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL, OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEY FEES OR DAMAGES WHERE MANDATED BY STATUTE.
The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold FBE and its subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys, harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of the Goods or Content, or materials or features otherwise available on the Site, Our apps, or Services, in an unauthorized manner, or fraudulently, or in violation of law, or by willful misconduct, or for or in relation to any breach by You of these TOU.
GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, AND SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FBE TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FBE. THIS SECTION SHALL BE REFERRED TO HEREIN AS THE “AGREEMENT TO ARBITRATE.”
These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws of any jurisdiction. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration in Denver, Colorado under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. Judgment on an arbitration award may be entered in any court having jurisdiction. The courts located in Denver, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any permissible claim. This arbitration agreement is reciprocally binding on all parties such that both You and We are required to arbitrate claims. Any arbitrator’s award shall consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the arbitrator’s essential findings and conclusions on which the award is based. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.
THE PARTIES AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, EACH IS ARE WAIVING THE RIGHT TO TRIAL BY JURY, AND YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND AND AGREE YOU MAY ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT OUR AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of Your decision to opt-out to the following address via certified mail: Full Blast Enterprises LLC, 9809 Cypress Pt. Cir., Lone Tree, CO 80124, Attention: Legal Department. The notice must be sent within thirty (30) days of Your first use of a Site after the effective date of these Terms, otherwise You shall be bound to arbitrate disputes in accordance with the terms of the applicable Sections. If You opt-out of these arbitration provisions, We also will not be bound by them.
ADMISSIBILITY
A printed version of these TOU shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NO WAIVER
No waiver by FBE of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by FBE to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
THE PARTIES’ RELATIONSHIP
Neither these TOU, nor any Content, materials or features of the Services create any partnership, joint venture, employment, fiduciary, or agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
REMEDIES; ADDITIONAL PROVISIONS
You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.
All parts of these TOU apply to the maximum extent permitted by law. FBE and You both agree that if a party cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
ASSIGNMENT
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. FBE and its affiliates may, in their sole and exclusive discretion, transfer, without further consent from or notification to You, all contractual rights and obligations pursuant to these TOU if some or all of the business of FBE is transferred to another entity by way of merger, sale of its assets, or otherwise.
REPORTING A COPYRIGHT VIOLATION
Notification of Claimed Copyright Infringement. If You have objections to copyrighted content or material made available on or through Our Site, You may submit a notification to Our Designated Agent at the following address: info@fullblastgear.com. Any notification to FBE under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that You claim is infringing and where it is located on Our Site or Services;
- Information sufficient for FBE to contact You, such as Your address, telephone number, and email address;
- A statement by You that You have a good-faith belief that the use of the content or material of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf.
HOW TO CONTACT US
Please contact Us at the below addresses to report any violations of these TOU, to ask questions, or to provide comments regarding Our Services or the Site.
Full Blast Enterprises LLC
9809 Cypress Pt. Cir.
Lone Tree, CO 80124
info@fullblastgear.com
