Conditions of Use


Thank you for using AllBattingGloves.com! AllBattingGloves.com and AllTeamSportingGoods.com are owned and operated by Battaglia's Sporting Goods, Inc (“Us,” “We,” “Our”). The following document describes the terms that govern your access to the site and all services offered through the site.

Introduction

Use of AllBattingGloves.com and its affiliated services in any capacity means that you agree to comply with all Terms and Conditions set forth below and any additional Terms and Conditions set forth in our Privacy Policy. You additionally agree to follow all applicable domestic and international laws, statutes, ordinances and regulations. "You" in this Agreement includes any user of the website in all capacities.

Terms

1. You agree to provide us with your name, zip code, and your valid, current email address at the time of purchase or registration. You agree to the use of your personally identifiable information in accordance with our Privacy Policy.

2. You have to be at least 18 years old to use this site.

3. Should you register, upon registration you will be required to create a password. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You further agree to notify us of any unauthorized use of your password or any other breach of security.

4. You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs or other suppliers.

5. You must not hack AllBattingGloves.com or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

6. You may link the home page of AllBattingGloves.com to any website you own or control provided it is not commercially competitive with AllBattingGloves.com and does not criticize or otherwise injure us and is in compliance with all applicable laws and intellectual property and other legal rights. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with AllBattingGloves.com.

7. You must not use, copy, reproduce, distribute, create derivative works based upon, publish, sell, alter, modify, publicly display or otherwise exploit any information displayed on AllBattingGloves.com (except, of course, for your own personal information) to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of AllBattingGloves.com or any other third party, except with the prior written consent of AllBattingGloves.com or the appropriate third party. You similarly agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of AllBattingGloves.com, use of AllBattingGloves.com, or access to the website for any sale of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of AllBattingGloves.com.

8. You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of AllBattingGloves.com, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a Parent. Without limiting the foregoing, you, in accessing this website, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your actions as a user of this site.

9. You agree to immediately notify us of any unauthorized or improper use of AllBattingGloves.com or any other known or suspected breach of security. You agree to fully cooperate with AllBattingGloves.com to investigate any suspected or unusual activity that is in breach of these Terms of Service.

Conditions

1. We reserve the right to update this Agreement at any time, at which time we will also update the revision date above. Any updated version will supersede all of its preceding versions. Continued use of AllBattingGloves.com means that you accept and agree to all changes.

2. We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of AllBattingGloves.com at any time with or without notice. This includes the right to remove any content we deem to be unlawful or inappropriate for this site. We shall not be liable to you or any third party for any modification, suspension or termination of the site or any content therein. We similarly reserve the right to establish and periodically change general practices and limits concerning the use of our site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete, any of the content you provide.

3. We reserve the right to suspend, terminate or refuse your use of this site at any time for any reason. Any termination of access to all or any portion of AllBattingGloves.com under any provision of this Agreement may be effected without prior notice. We shall not be liable to you or any third party for any termination of your use or of access to all or any portion of AllBattingGloves.com.

4. We may provide links to other websites or resources. Where we do not control such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. AllBattingGloves shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings. AllBattingGloves shall not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such marketing partners or other third parties on our website or located through its use.

5. Use of AllBattingGloves.com is at your sole risk. Our site is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our website. We disclaim any warranties for any information or advice obtained through our website. We disclaim any warranties for services or goods received through or advertised or our website or received through any links provided by our website, as well as for any information or advice received through any links provided through our website. In addition, no advice or information (written or oral) obtained by your from us shall create any warranty.

6. In no event shall AllBattingGloves be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AllBattingGloves has been advised of the possibility of such damages), arising out of or in connection with AllBattingGloves.com or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the site. Our liability to your or any third parties in any circumstance is limited to $250. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

7. AllBattingGloves.com may disclose any information post or any other material you provide (directly or indirectly), including through the registration process and email, if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of AllBattingGloves, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

Purchases

Applicable Law

This agreement and the relationship between you and AllBattingGloves.com shall be governed by the laws of the State of Pennsylvania without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. By accessing AllBattingGloves.com and agreeing to these Terms of Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York and be bound by the rulings of the courts located within the State of New York. If you breach or threaten to breach any provision hereof or thereof, you understand and agree that money damages would not be an adequate remedy for any breach of these Terms of Service and that AllBattingGloves shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Service, and shall be available to AllBattingGloves without requirement that it post any bond or prove any actual damages.

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