This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Battle on the Beach, and their subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Battle on the Beach believes that customer conduct violates applicable law or is harmful to the interests of Battle on the Beach and its subsidiaries. This document will serve as the Terms of Service for BattleBeaches.com
CONDITIONS OF USE
By using this site, you signify your agreement to the following conditions of use without limitation or qualification. These conditions govern your use of the site, but not the sale or purchase of any products. Please read these conditions carefully before using this site. Battle on the Beach may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.
WARRANTY DISCLAIMER
THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BATTLE ON THE BEACH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, BUG FREE, VIRUS-FREE, FREE OF TROJAN HORSES OR OTHER MALEVOLENT CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ERRORS, BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. BATTLE ON THE BEACH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM THE USE OF THE MATERIALS ON THIS WEBSITE. WHILE BATTLE ON THE BEACH USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, ERRORS OR OMISSIONS MAY OCCUR AND BATTLE ON THE BEACH MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THIS WEBSITE.
LINKS TO OTHER THIRD-PARTY WEBSITES NOT OWNED OR CONTROLLED BY BATTLE ON THE BEACH MAY BE AVAILABLE FOR ACCESS THROUGH THIS WEBSITE. SUCH EXTERNAL THIRD-PARTY INTERNET ADDRESSES CONTAIN INFORMATION CREATED, PUBLISHED, MAINTAINED OR OTHERWISE POSTED BY ORGANIZATIONS INDEPENDENT OF BATTLE ON THE BEACH. BATTLE ON THE BEACH DOES NOT ENDORSE, APPROVE, CERTIFY, WARRANT, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY INFORMATION, CONTENT, PRODUCT OR SERVICE REFERENCED OR PROVIDED AT SUCH ADDRESSES. BATTLE ON THE BEACH ENCOURAGES YOU TO BE AWARE WHEN YOU LEAVE THE WEBSITE AND TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH OTHER WEBSITE THAT YOU VISIT.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, WILL BATTLE ON THE BEACH OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF BATTLE ON THE BEACH OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BATTLE ON THE BEACH FURTHER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE.
THE ABOVE LIMITATIONS OF LIABILITY DO NOT APPLY TO RESIDENTS OF, OR USE OF THE WEBSITE WITHIN, THE STATE OF NEW JERSEY.
RESTRICTIONS ON USE OF MATERIALS
This site is owned by Battle on the Beach. Permission is granted to display and navigate around this Website with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial use of this Website or any portion hereof is strictly prohibited.
Except as otherwise permitted by Battle on the Beach no materials from this Website or any Website owned, operated, licensed or controlled by Battle on the Beach may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of this Website for commercial purposes, including the text, images, audio, and video, without Battle on the Beach’s written permission. Battle on the Beach neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with Battle on the Beach.
JURISDICTIONAL ISSUES
This Website is controlled and operated by Battle on the Beach from its offices within the State of Tennessee, United States of America. Battle on the Beach makes no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
The information contained on this Website is not a commitment or offer to make or a solicitation for a loan. No loan is offered or will be made in any jurisdiction in which such offer or solicitation, would be unlawful under the applicable mortgage and consumer lending laws of such jurisdiction. Some loan products or programs may not be available in all states. In addition, any other financial services products that may be referred to on this Website may be offered and sold only to persons in the United States.
TRADEMARKS/SERVICE MARKS AND COPYRIGHTS
All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. We are very protective of our trademarks and service marks. All use of these marks must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we would be entitled to collect your profits, our actual damages and, perhaps, our attorney fees. We thank you for your cooperation.
