TERMS & CONDITIONS
GARGOYLE BATS, LLC
TERMS AND CONDITIONS OF USE
Welcome to Gargoyle Bats!
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY READING AND/OR USING ANY OF THE CONTENT FROM THE “GARGOYLE BATS” WEBSITE, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS FULLY, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, and/or (v) IF YOU ARE UNDER 18 YEARS OLD, YOUR LEGAL GUARDIAN HAS GIVEN YOU PERMISSION TO VIEW OUR WEBSITE, AND YOUR GUARDIAN AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE WEBSITE, OR ANY OF OUR INFORMATION, AND IF YOU DO SO ANYWAY, YOU DO SO ON YOUR OWN ACCORD AND AT YOUR OWN RISK.
In consideration for reading or using the “Gargoyle Bats” website, you, individually hereafter referred to as “You,” “Customer,” or the “User” agree to the following terms and conditions (the “Terms”) in regards to any of the content (“Information”) contained within this Site.
WHAT IS GARGOYLE BATS?
Gargoyle Bats, hereafter known as “Gargoyle Bats,” “we,” “us,” “we’re,” “we’ve, or “our,” is a ecommerce retailer of custom wood baseball bats and related items to include, but not limited to, batting gloves, various baseball training items, apparel, etc.
Gargoyle Bats can be contacted at 1941 California Avenue #77921, Corona, CA 92877.
The URL of the website is: https://www.gargoylebats.com.
MISSION & GOAL
Our mission is to provide our customers with high quality, customized wooden baseball bats and related items.
PRODUCTS OFFERED
Some of the products offered and sold by Gargoyle Bats can be personalized based on customer requests. This may include, but is not limited to, the following:
- Baseball Bats
- Batting Gloves
- Training Items
- Apparel
PRODUCT COLOR ACCURACY
The color choices as shown on our Site in the “Color Chart” are intended as representations, and, while we make every effort to ensure your bat is the same color, we cannot guarantee an exact match in color due to inherent differences with display monitors, paint batches, and variations with wood and wood products.
STANDARD PAYMENT
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase products, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by the User with an approved payment method. We require each order placed on the Site to be fully paid, including shipping and handling fees, if applicable, before we begin an order.
Once an order has been submitted by a customer on this Site it is assumed that it has been sent to production for completion and, no changes are allowed to the order. After an order has been sent to production, the customer is responsible for paying the entire amount of that order along with any applicable taxes and shipping/handling fees, unless otherwise noted in writing by Gargoyle Bats.
SHIPPING AND TAXES
Products are shipped using UPS and are considered FOB Shipping Point/FOB Origin. That is, you are the buyer pay shipping costs and take responsibility for products when they leave the Gargoyle Bats location. Separate charges for shipping and handling will be shown on the checkout page. Gargoyle Bats charges sales tax to orders shipped to a destination within the state of California. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with your order. If applicable, a separate charge for taxes will be shown on the checkout page.
TITLE; RISK OF LOSS
Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping is your responsibility.
NO WARRANTY / CANCELLATION / REFUND / RETURN POLICY
Customer acknowledges and understands, in general, that custom wood bats are made for the customer and, in addition, that wood bats are subject to breaking, and, as such, Gargoyle Bats does not offer any warranty, refund, cancellation, or return policy for any broken bat or any custom bat, unless there was an error on behalf of Gargoyle Bats with regard to the color, engraving, size, model, etc. In these types of cases, Gargoyle Bats may, in its sole discretion, determine whether a replacement, full or partial refund, if any, may be issued.
Customer acknowledges that when it comes to other non-custom, non-bat items, these items are returnable; however, they will need to be in original packaging, seal not broken, and in unused condition, in which the Customer agrees to pay for all shipping costs plus a restocking fee of 20%.
If Gargoyle Bats is to consider any refund requests, they must be made via email within one (1) week of receipt of the product(s).
DECLINED PAYMENTS
Gargoyle Bats reserves the right to apply an administration charge should a customer’s payment default on paying for services due to declined credit cards or insufficient funds.
Customer agrees to be responsible for any payment made to Gargoyle Bats that becomes defaulted, and in which any late charges or default fees become attached. In addition, if a payment made by Customer is in error and reversed, the Customer shall be responsible to Gargoyle Bats for any error charges that may occur processing the bad payment.
THIRD-PARTY OFFERINGS
You may be able to access other websites, content, or products provided by third-parties via hyperlinks that are made available on the Gargoyle Bats website. We refer to all such content, websites, and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products on the website, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
Gargoyle Bats does not assume any responsibility or liability for information accessed via links to or from community Customers third party websites. The existence of such links should not be construed as an endorsement, approval or verification by Gargoyle Bats of any content available on linked websites from community Customers. Community Customers may provide links to their personal or business websites as an accommodation to you and solely for information purposes. By providing access to other websites, Gargoyle Bats is not recommending the purchase or sale of products or services provided by the sponsoring organization or community Customer of any linked websites. Gargoyle Bats does not review, monitor or supervise the content of any linked websites. If you choose to access a linked website, you do so at your own risk.
ACCESS TO OUR INFORMATION
General Restrictions on Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to any of this information, hereafter the “Information,” to any third-party. You may use Information only for personal purposes or to learn more about Gargoyle Bats or potential employment with Gargoyle Bats.
You agree not to solicit Gargoyle Bats or approach Gargoyle Bats about any investments. Except as expressly stated herein, no part of the Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and current.
OWNERSHIP AND INTELLECTUAL PROPERTY
As between you and us, we, as applicable, retain all right, title, and interest in Gargoyle Bats and the Information, and all related intellectual property rights. Gargoyle Bats reserves all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via website, or the Information. If you provide Gargoyle Bats any personal information, feedback, or suggestions regarding the website or Information (“Feedback”), you hereby assign to Gargoyle Bats all rights in the Feedback and agree that Gargoyle Bats shall have the right to use such Feedback and related information in any manner it deems appropriate. Gargoyle Bats will treat any Feedback you provide to Gargoyle Bats as non-confidential and non-proprietary. In addition, Gargoyle Bats shall treat any personal information you provide as confidential and by submitting such information, you agree to allow Gargoyle Bats to use any related information in any manner it deems appropriate. You agree that you will not submit to Gargoyle Bats any information or ideas that you consider to be confidential or proprietary.
Accordingly, except as maybe expressly authorized, no information or material contained on this website, may be reproduced, transmitted, displayed or commercially exploited without the prior written consent of Gargoyle Bats.
Copyright © 2019 Gargoyle Bats All Rights Reserved. All rights reserved. All trademarks, logos and Information marks (“Marks”) displayed on its website, or in the Information are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
We respect the intellectual property of others and ask that you do the same. In connection with our Information, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our website, who are repeat infringers of intellectual property rights, including copyrights.
USER CONTENT
User Content.
“User Content” means any and all information and content that a User submits to, or uses with, the website or Information (e.g., content about student, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Gargoyle Bats. Because you alone are responsible for your User Content (and not Gargoyle Bats), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Gargoyle Bats is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
License
User acknowledges that Users may, from time to time, submit photographs or audio testimonies of themselves to attest to their experiences with the website and with our products. You hereby grant permission to Gargoyle Bats for the use of such photograph(s), audio recordings, or electronic media images in any presentation of any and all kind whatsoever. User understands that Gargoyle Bats may use such recordings and images for advertising and marketing purposes and User give their permission to do so. User understands that they may revoke this authorization at any time by notifying Gargoyle Bats in writing. The revocation will not affect any actions taken before the receipt of this written notification. Images will be stored in a secure location and only authorized staff will have access to them. They will be kept as long as they are relevant and after that time destroyed or archived.
Acceptable Use Policy
The following sets forth Gargoyle Bats’ “Acceptable Use Policy.” You agree not to use the website or Information to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, and (vii) you shall not, without prior written approval of Gargoyle Bats, use for your own commercial or financial benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Gargoyle Bats.
Enforcement.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, referred to in XII(C)(3), or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying or terminating your access to Gargoyle Bats website, and/or reporting you to law enforcement authorities. All Users must register with admin any violations. Any violations may be enforced to the fullest extent of the law.
Injunctive Relief.
A breach of this Agreement may cause irreparable and continuing damage to Gargoyle Bats for which money damages may be insufficient, and Gargoyle Bats shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages if appropriate).
Other Users
Each User is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that Gargoyle Bats will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any website or Information User, we are under no obligation to become involved.
PERMISSION
By using the website, you agree that Gargoyle Bats has permission from you to send you updates and occasional emails. You acknowledge that you will not file can type of claim against Gargoyle Bats for doing so, such as for example and without limitation, harassment, spam, or intentional infliction of emotional distress. User acknowledges that should they send a request to Gargoyle Bats in writing then any updates and emails shall cease.
LEGAL DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
Gargoyle Bats is an equal opportunity employer. Gargoyle Bats does not discriminate on the basis of race, ethnicity, religion, sex, color, national origin, gender, sexual orientation, genetic information, age, disability, or marital status in its hiring or employment practices.
Gargoyle Bats disclaims any and all liability regarding any of the content provided by the User. We have no way to verify that any of the information listed by User is accurate, up-to-date, or fraudulent. Should reliance on any of the User Content result in some kind of cause-of-action or injury to the User, known or unknown, Gargoyle Bats shall have no liability or responsibility.
Customer is aware that Gargoyle Bats may not and does not necessarily manufacture all of its products itself. Accordingly, Gargoyle Bats has no control over the manufacturing process, delivery, or control over the supplying of the product.
Being aware of the above, Customer is also aware that there may be risks involved in use of such products. This may include, without limitation, physical injuries, psychological, and even death.
Being aware of the above, the Customer takes any information and products from Gargoyle Bats at their own risk. By using any of the information or products, the Customer agrees NOT TO SUE Gargoyle Bats, or any of its agents, employees, family members, acquaintances, or officers, including Jerry L. Hirsch (collectively hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, breach of contract, product liability, defect product, and causes of action whatsoever arising out of or related to any loss, breach of contract, breach of warranty, damage, or injury that may be sustained by the Customer, should there be any injuries from the use of its products or reliance on any information, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, negligence, or otherwise, to the fullest extent allowed by law.
RELEASE AND WAIVER OF LIABILITY. Customer recognizes that there are hazards and risks connected with using such products and that nothing is certain. Customer agrees to defend, indemnify and hold harmless RELEASEES against any loss, damage or expense incurred by reason of any claim or liability based upon loss or damage arising out of the negligent or intentional action of User.
HOLD HARMLESS AND INDEMNIFICATION. Customer agrees that should any claim or cause of action be made against RELEASEES by a third-party, User agrees to hold harmless and indemnify RELEASEES, including, but not limited to, court costs and attorney fees.
By using any of the information or products offered by Gargoyle Bats, Customer agrees to waive any liability and hold RELEASEES harmless of any claims, torts, breach of contract, breach of warranty, acts of negligence, or injuries, whether known or unknown.
Customer also agrees that RELEASEES cannot be held accountable for how Users choose to use or treat the information given. RELEASEES shall not be liable for any copyright violations committed by User, and agrees to indemnify and hold harmless RELEASEES in case any third party claim is made against RELEASEES. This includes reimbursement for any court costs and attorney fees.
The website and all information, content, materials and information related to the foregoing, are provided “as is” and “as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, course of dealing, usage, trade practice, title, non-infringement, non-interference, and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the website will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through our website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the website or information, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the website, or information; and you agree to assume the security risk for any information you provide using the website or information.
Gargoyle Bats expressly disclaims all warranties, expressed or implied, as to the accuracy of any the User content provided, or as to the fitness of the information for any purpose.
No representation or warranty is made that the website or information provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the website or information and from the output of the website or information.
You also agree to indemnify, hold harmless and, at our option, defend our website, including our affiliates, officers, directors, employees, agents, and any third-party information providers, from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law or your user content.
LIABILITY LIMITATION. Irregardless of above, should RELEASEES found to be liable to you, the Customer, you agree that the most RELEASEES shall be liable for is what Customer has already previously paid to RELEASEES for the purchase of its product(s).
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Gargoyle Bats shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Gargoyle Bats shall promptly issue a credit to your credit card or debit card account in the amount of the charge.
GENERAL PROVISIONS
Modifications to Terms.
We may change these Terms from time to time. If you object to any such
changes, your sole recourse will be to cease using the website, and reading any more of the Information. Continued use of the website or the Information following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
Modifications to Information.
We reserve the right to modify the website and/or Information at any time without notice. If you object to any changes to the website or Information, your sole recourse will be to cease using the website and Information. Continued use of the website or Information following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Information as so modified. We also reserve the right to discontinue the website and/or Information at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the website.
Severability.
If any provision (or portion of thereof) of these Terms and Conditions is declared by an arbitrator, mediator, or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and, as far as possible, the arbitrator, mediator, or court shall limit the scope or application of the affected clause to the least extent possible in order that it may be valid and enforceable.
Governing Law.
I hereby further agree that these Terms and Conditions shall be construed in accordance with the laws of the State of California and the County of Riverside, and that any mediation, suit, or other proceeding must be filed only in that jurisdiction, even if Customer is outside that jurisdiction.
Remedies.
Both parties agree that any controversy or claim arising out of or relating the Terms and Conditions shall be first settled by arbitration. Both parties agree that any arbitrator needs to be mutually agreed upon. Should arbitration fail, both parties agree to have their legal issue be heard before a mediator that both parties need to mutually agree upon. Should mediation fail, both parties agree that they may then have their legal issue resolved by the courts.
Legal Fees.
In the event of any legal or equitable proceeding (arbitration or mediation) arising out of or in connection with the parties’ obligation under these Terms and Conditions, the prevailing party shall recover its reasonable attorneys’ fees and costs, including reasonable costs for experts. The prevailing party shall be the party who obtained substantially the same remedy requested, whether by judgment, appeal, settlement, or award.
Contact Information.
If you have any questions regarding Gargoyle Bats, you can contact us at:
Gargoyle Bats
1941 California Avenue #77921
Corona, CA 92877
Email: info@gargoylebats.com
