Welcome to our online store! Super Bouncy Balls and its associates provide their
services to you subject to the following conditions. If you visit or shop within
this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Super Bouncy Balls or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of Super Bouncy Balls 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 Super Bouncy Balls, with copyright
authorship for this collection by Tsunami PC Productions, and protected by U.S. and international copyright
laws. The software application provider and author for "osCommerce",
is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and
credit for osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
Super Bouncy Ballss trademarks and trade dress may not be used in connection
with any product or service that is not Super Bouncy Ballss, in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits Super Bouncy Balls. All other trademarks not owned by Super Bouncy Balls or its subsidiaries that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
Super Bouncy Balls or its subsidiaries.
LICENSE AND SITE ACCESS
Super Bouncy Balls grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of Super Bouncy Balls. This license does not include any resale or commercial use of this site
or its contents: any collection and use of any product listings, descriptions,
or prices: any derivative use of this site or its contents: any downloading
or copying of account information for the benefit of another merchant: or any
use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Super Bouncy Balls. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Super Bouncy Balls and our
associates without express written consent. You may not use any meta tags or
any other ":hidden text": utilizing Super Bouncy Ballss name or trademarks
without the express written consent of Super Bouncy Balls. Any unauthorized
use terminates the permission or license granted by Super Bouncy Balls. You
are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Super Bouncy Balls so long as the link does not portray
Super Bouncy Balls, its associates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any Super Bouncy Balls logo or other proprietary graphic or trademark as part of the
link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. If you are under 18, you may use our website only with
involvement of a parent or guardian. Super Bouncy Balls and its associates reserve
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions,
ideas, comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of ":spam.": You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other content.
Super Bouncy Balls reserves the right (but not the obligation) to remove or
edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Super Bouncy Balls and its associates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant Super Bouncy Balls
and its associates and sublicensees the right to use the name that you submit
in connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post:
that the content is accurate: that use of the content you supply does not violate
this policy and will not cause injury to any person or entity: and that you
will indemnify Super Bouncy Balls or its associates for all claims resulting
from content you supply. Super Bouncy Balls has the right but not the obligation
to monitor and edit or remove any activity or content. Super Bouncy Balls takes
no responsibility and assumes no liability for any content posted by you or
any third party.
RISK OF LOSS
All items purchased from Super Bouncy Balls are made pursuant to a shipment
contract. This basically means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Super Bouncy Balls and its associates attempt to be as accurate as possible.
However, Super Bouncy Balls does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by Super Bouncy Balls itself is not as described, your
sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Super Bouncy Balls ON AN ":AS IS": AND ":AS
AVAILABLE": BASIS. Super Bouncy Balls MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Super Bouncy Balls DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Super Bouncy Balls
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Super Bouncy Balls ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Super Bouncy Balls WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Super Bouncy Balls, you agree that the laws of the state of Michigan, 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 Super Bouncy Balls or its associates.
DISPUTES
Any dispute relating in any way to your visit to Super Bouncy Balls or to products
you purchase through Super Bouncy Balls shall be submitted to confidential arbitration
in Michigan, except that, to the extent you have in any manner
violated or threatened to violate Super Bouncy Ballss intellectual property
rights, Super Bouncy Balls may seek injunctive or other appropriate relief in
any state or federal court in the state of Michigan, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy,
posted on this site. These policies also govern your visit to Super Bouncy Balls. We reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Terms Of Service, Privacy Policy, or other policy
related material can be directed to our support staff by clicking on the "Contact
Us" link in the side menu. Or you can email us at: brian@superbouncyballs.com
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