Badminton Alley's &
Shuttlecock.com's
Conditions of Use
Welcome to Badminton Alley's Shuttlecock.com.
Badminton Alley and its affiliates provide their services to you
subject to the following conditions. If you visit or shop at
any of Badminton Alley's websites (e.g., BadmintonAlley.com, BadmintonAlley.net,
and Shuttlecock.com), you accept these conditions. Please read
them carefully. In addition, when you use any current or future
Badminton Alley's service (e.g., Discussion Board, Online Tournament,
and Auctions) or visit or purchase from any business affiliated
with Badminton Alley, whether or not included in the Badminton Alley's
web sites, you also will be subject to the guidelines and conditions
applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your
visit to Badminton Alley's websites, to understand our practices.
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 Badminton
Alley 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 Badminton Alley and protected by U.S. and international copyright
laws. All software used on this site is the property of Badminton Alley
or its software suppliers and protected by United States and international
copyright laws.
TRADEMARKS
BADMINTON ALLEY; BADMINTONALLEY.COM; BADMINTONALLEY.NET;
SHUTTLECOCK.COM; SHUTTLECOCK.NET; QUALITY PRODUCT @ LOW PRICE; and other
marks indicated on our site are registered trademarks of Badminton Alley,
Inc. or its subsidiaries, in the United States and other countries. Badminton
Alley and other Badminton Alley's websites graphics, logos, page headers,
button icons, scripts, and service names are trademarks or trade dress
of Badminton Alley, Inc. or its subsidiaries. Badminton Alley's trademarks
and trade dress may not be used in connection with any product or service
that is not Badminton Alley, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Badminton
Alley. All other trademarks not owned by Badminton Alley 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 Badminton
Alley or its subsidiaries.
LICENSE AND SITE ACCESS
Badminton Alley grants you a limited
license to access and make personal use of this site and other Badminton
Alley's website, and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent of Badminton
Alley. 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 Badminton
Alley. 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 Badminton Alley and our affiliates without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing Badminton Alley's name or trademarks without the
express written consent of Badminton Alley. Any unauthorized use terminates
the permission or license granted by Badminton Alley. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to
home page of any of Badminton Alley's websites so long as the link does
not portray Badminton Alley, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Badminton Alley logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR ACCOUNT
If you use this site or any of Badminton
Alley's sites, 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. Badminton Alley does sell products for children,
but it sells them to adults, who can purchase with a credit card. If you
are under 18, you may use Badminton Alley's websites only with involvement
of a parent or guardian. Badminton Alley and its affiliates reserve the
right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, 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. Badminton Alley 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 Badminton Alley and its affiliates
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 Badminton Alley and its affiliates 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
Badminton Alley or its affiliates for all claims resulting from content
you supply. Badminton Alley has the right but not the obligation to monitor
and edit or remove any activity or content. Badminton Alley takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Badminton Alley and its affiliates respect
the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please follow
our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Badminton Alley
are made pursuant to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Badminton Alley and its affiliates attempt
to be as accurate as possible. However, Badminton Alley 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 Badminton Alley
itself is not as described, your sole remedy is to return it in unused
condition at your expense.
OTHER BUSINESSES
Parties other than Badminton Alley and
its subsidiaries operate stores, provide services, or sell product lines
on this site. For example, Amazon.com is our book merchant, and other
businesses and individuals offer products in Auctions. In addition, we
provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the content
of their Web sites. Badminton Alley does not assume any responsibility
or liability for the actions, product, and content of all these and any
other third parties. You should carefully review their privacy statements
and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
THIS SITE IS PROVIDED BY BADMINTON ALLEY
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BADMINTON
ALLEY 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, BADMINTON ALLEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. BADMINTON ALLEY DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM BADMINTON ALLEY ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. BADMINTON ALLEY 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 any of Badminton Alley's websites,
you agree that the laws of the state of California, 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 Badminton Alley
or its affiliates.
DISPUTES
Any dispute relating in any way to
your visit to any of Badminton Alley's websites or to products you purchase
through any of Badminton Alley's websites shall be submitted to confidential
arbitration in San Jose, California, except that, to the extent you have
in any manner violated or threatened to violate Badminton Alley's intellectual
property rights, Badminton Alley may seek injunctive or other appropriate
relief in any state or federal court in the state of California, 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 arbitrator's 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 Pricing and Availability
policy, posted on this site. These policies also govern your visit
to any of Badminton Alley's websites. 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.
OUR ADDRESS
Badminton Alley
1237 South Mary Ave
Sunnyvale, CA 94087
http://www.shuttlecock.com
http://www.badmintonalley.com
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