You expressly agree that you will not use this Web site or any other Internet services provided by AVA SPORTS for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable loca and national laws, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. Any unauthorized commercial use of this Web site, AVA SPORTS servers or Internet infrastructure is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site as determined by AVA SPORTS in its sole discretion.
Registration and an account are necessary to access or participate in some of the features of this Web site. When you register, you will be asked to provide your name, email address, a user name, a password, and such other personal information as is required from time to time (collectively, your “Account”). You represent and warrant that all such information is true and accurate. We reserve the right to refuse to register you and provide you with an Account and/or to deny you access to the Web site for any reason in our sole and absolute discretion.
It is important that you remember your password and that you keep it in a safe place offline. If you forget your password you may not be able to access your Account. You should not share your password with anyone. We will use your Account information and password to identify you when you return to the Web site.
You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (i) immediately notify us of any unauthorized use of your Account or any other breach of security, and (ii) ensure that you exit from your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time.
We have put physical, electronic, and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in the unauthorized use of your account and the disclosure of your personal information.
Prices: Prices of products and delivery and other charges displayed on this Website are current at the time of issue, but may be changed at any time without notice and are subject to availability. Stated prices do not include shipping and handling or taxes. You are solely responsible for any sales, local or similar taxes and duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes imposed on any products ordered by you from this Website. All prices are stated in United States dollars.
Charges: If you purchase by credit card, we may authorize the amount of your purchase with your credit card issuer at the time you place your order.
Availability: We cannot guarantee availability of product, even if our Web site shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.
Products Purchased Elsewhere: We cannot guarantee that products shipped from retailers other than AVA SPORTS will not be damaged during shipment. If you received damaged goods from another store or Internet retailer, please report any damages directly to that company. Please do not report these damages to AVA SPORTS LTD.
Returns: If you are not completely satisfied with your retail purchase you may return it for a refund within 30 days of purchase. Please refer to the Bad Boy Brands Return and Exchange policy for our complete return policy and details on how to return or exchange the merchandise. Click here for the AVA SPORTS Return and Exchange policy. Wholesale orders are not returnable. Please refer to the return policy on the trade site for details.
Defective Products: In the unlikely event that we have sent you defective product we offer our sincere apology and will be happy to replace it. Please refer to the AVA SPORTS Return and Exchange policy for our complete return policy and details on how to return or exchange defective merchandise. Click here for the AVA SPORTS Return and Exchange policy.
Promotions and Pricing: Promotional pricing may be restricted to defined groups of people for specific periods of time while supplies last – any promotion may be discontinued at any time and without notice. Please see the terms and conditions for each promotion that may be applicable to your purchase.
Orders: We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by, or under, the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your credit card has already been charged for an order at the time it is rejected, declined or cancelled, we will issue a credit to the credit card account which was charged.
International Orders: International shipping fees will be calculated at checkout. Do not rely on our currency conversion calculator for final cost. This calculator is an estimate only and may not be accurate. Please be aware that when orders are shipped internationally they may be subject to customs clearance procedures which can cause delays beyond original delivery estimates. Also note that international packages may be subject to the customs fees and import duties of the country to which the order has been shipped. Unfortunately, AVA SPORTS has no control over these charges and they are the customer’s responsibility.
Third Party Marketplaces
Unless authorized in a separate written agreement with AVA SPORTS LTD, you agree that you will not resell any products purchased from AVA SPORTS,to a third-party marketplaces or auction websites including but not limited to Amazon, or eBay.
User Created Items/Comments/Uploads
This Web site may allow you to use features such as forums and chat rooms, that allow you to upload and post comments, concepts, artwork, texts, photographs, videos and other audio and/or visual materials (each a “User Created Items”). You represent and warrant that you have all approvals, rights, titles and interests in and to all User Created Items you provide and all information they contain which are necessary for you to upload and post and for us to use your User Created Items. You upload and display all User Created Items at your own risk. All User Created Items are visible to the entire world through the World Wide Web. AVA SPORTS is not liable for any consequences of any kind which result from or are related to your decision to upload and post User Created Items.
AVA SPORTS will not assume any obligation to monitor, filter, censor, edit, or regulate User Created Items, although AVA SPORTS reserves the right to do so in its sole discretion without providing any reason or notice for such action. AVA SPORTS does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User Created Item. AVA SPORTS will not have any liability to you with respect to any decision to edit or remove any User Created Item or any decision to not edit or remove any User Created Item.
You agree not to upload or post to this Web site any User Created Item which, in AVA SPORTS sole and absolute discretion, (a) is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper; (b) contains viruses, malware or other harmful items; or (c) has a political, promotional or commercial purpose (such as offers to sell products or services; advertisements for groups, products or companies; or solicitations for funds for any organization or cause).
In order to display your User Created Items on the Web site, and allow you to share these with other members, we need certain rights from you: By uploading or otherwise submitting any User Created Items to the Web site, you automatically grant (or warrant that the owner of such rights has expressly granted) to AVA SPORTS a royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials in all forms now known or hereafter invented (whether electronic or not). In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived for the purposes of our use of such materials. Without limiting the foregoing, you hereby grant to AVA SPORTS the right to use and change the User Created Items in any manner that AVA SPORTS may determine. There is no contract, implied or otherwise, that we will compensate you for the use of any User Created Items submitted by you and, pursuant to the foregoing, we will not compensate you for any such use. AVA SPORTS reserves the right, in its sole discretion, to adopt additional rules with respect to any feature of this Web site which permits the uploading and posting of User Created Items and to condition access to any such feature by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time.
Competitions, Sweepstakes, Electronic Postcards, Newsletters, and Other Activities
Ownership of Intellectual Property/Restrictions on Use
This section applies to everything on or in this Web site which is not a User Created Item.
All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress, and trade names which are part of or displayed through this Web site (the “Materials”) are the property of AVA SPORTS or of third parties who have authorized the use of the Materials and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
AVA SPORTS respects the intellectual property of others, and we ask our users to do the same. AVA SPORTS may, in its sole and absolute discretion, terminate the Accounts of users who infringe the intellectual property rights of others.
Disclaimers/Limitation of Liability
THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AVA SPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AVA SPORTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVA SPORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS WEB SITE OR THE INFORMATION CONTAINED IN IT WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU, AVA SPORTS, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAD AVA SPORTS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THIS WEB SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEB SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AVA SPORTS, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER AVA SPORTS IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Ads and Malware
We take great care and pride in creating this Web site. We are always on the lookout for technical glitches that effect how the Web site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Web site and that is beyond our control. If you experience any unusual behavior, content or ads on the Web site, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Web site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Web site and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.
Denial of Access
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Web site are registered and unregistered trademarks of AVA SPORTS, NIHON, GREENHILL, KRAKEN, ARAWAZA and BAD BOY BRANDS, its affiliates and others. Your misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided herein, is strictly prohibited. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site without the written permission of AVA SPORTS or such third party that may own the Trademark.
Modification of Terms
This agreement constitutes the entire agreement between you and AVA SPORTS with respect to this Web site and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and AVA SPORTS. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to this Web site or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
We hope you enjoy tour new purchase. We really appreciate your business.