This Web site located at www.AVASPORTS.com is owned and operated by Ava Sports Ltd., a Bedfordshire based company which does business as AVA SPORTS LTD (“AVA SPORTS”) (“this Web site”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AVA SPORTS. BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEB SITE.

 

User Conduct

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.

Privacy

By using this Web site, you consent to the terms of AVA SPORTS Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on the Privacy Policy link located at the bottom of this site, is incorporated into these Terms of Use by reference. You consent to AVA SPORTS use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United Kingdom or any virtual server be it cloud based or otherwise internationally.

Your Account

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.

You do not own your Account. Under these Terms of Use, you are granted a limited, personal, non-transferable, non-commercial, revocable license to use your Account to access this Web site. (See Ownership of Intellectual Property below.) You may not sell or transfer all or any part of your Account. You may not use your Account in any way that violates these Terms of Use.

We may terminate or suspend your Account and/or access to all or part of this Web site and/or remove any User Created Item (as defined below) if we, in our sole and absolute discretion, determine that you have breached these Terms of Use or any other rule applicable to the Web site or that your conduct violates applicable law or is otherwise harmful to the Web site, other persons or us. Any such termination or suspension or removal shall be without liability to you. In addition, we may terminate or suspend your Account and/or access to all or part of this Web site and/or remove any User Created Item if we determine to cease all or a portion of our operations and/or the provision of any applicable products or services in connection with this Web site. We reserve the right to change any or all of the features of and activities available on this Web site at any time without notice. All such terminations, suspensions, removals and/or changes shall be without any liability to you.

Online Shopping

AVA SPORTS offers the opportunity to purchase products online through this Web site. All purchases are subject to the terms and conditions of these Terms of Use and any additional requirements shown on the product or checkout page or in the FAQ. Customers must be over age 18 with a valid credit card. Web site visitors under age 18 cannot make purchases. When a customer places an order, we collect information associated with the transaction in accordance with AVA SPORTS Privacy Policy.

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.

Shipping/Risk of Loss: We will ship your order to the address you provide in compliance with these Terms of Use. You are solely responsible for any inaccurate or incomplete shipping information. All items purchased from AVASPORTS.com 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. In the event your order is lost during shipping, we will assist you in pursuing a claim with the shipper, but will not be liable for any orders which are lost during shipping or misdelivered.

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

From time to time AVA SPORTS LTD may offer you the ability to participate in contests, competitions, electronic postcards, or other activities. AVA SPORTS may provide additional rules of participation for those activities. Any such additional rules incorporate these Terms of Use by this reference and all activities shall be subject to these Terms of Use. To the extent that any conflict exists between these Terms of Use and specific rules of participation, the rules of participation for the activity in which you choose to participate shall govern.

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.

These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Web site and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Web site will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to this Web site or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. As between you and AVA SPORTS, all rights in the Materials and the Web site are reserved to AVA SPORTS BRANDING

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 EXTENT THAT YOU COMMUNICATE WITH AVA SPORTS CUSTOMER SERVICE DEPARTMENT OR A REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

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.

Links/Liking

This Web site may contain links to other web sites operated by third parties, including buttons which allow you to like or dislike a particular product or feature. The linked sites are not under the control of AVA SPORTS, and its partners are not responsible for the content available on any other web sites linked to this Web site. Such links do not imply AVA SPORTS endorsement of material on any other web site and AVA SPORTS disclaims all liability with regard to your access to such linked web sites. AVA SPORTS provides links to other web sites as a convenience to users and access to any other web sites linked to this Web site is at your own risk and is subject to that web site’s terms of use and privacy policy.

Emails

You agree that these Terms of Use, including but not limited to the Disclaimers and Limitations of Liability, apply to all emails and other electronic communications which you receive from AVA SPORTS as though such email or other electronic communication and all of its content were a page of this Web site.

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

AVA SPORTS, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Web site. The sending of an email notice by AVA SPORTS to any email address associated with an Account subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Web site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Web site, without AVA SPORTS  having to post any bond or surety therefor.

Termination

If you are dissatisfied with any portion of the service, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Web site. Subject to any applicable terms and conditions, and upon appropriate notice, a refund of some or all pre-payment for services may be made by AVA SPORTS LTD.

This agreement is effective until terminated by either party. You may ask us to end your login account to this Web site at any time by e-mailing AVA SPORTS sales@avasports.com. (You will be required to provide your member name and password.) This agreement will terminate immediately without notice from AVA SPORTS if you fail to comply with these Terms of Use.

 

Copyright

General Copyright Provisions: You should assume that everything you see or read on this Web site, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. AVA SPORTS does not warrant or represent that your use of materials displayed on this Web site will not infringe rights of third parties whom are not owned or affiliated with AVA SPORTS or its partner affiliate network. Images are either AVA SPORTS property or used by AVA SPORTS LTD with permission of their respective partners with another party’s permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.

Trademarks

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.

Indemnification

You agree to indemnify, defend and hold harmless AVA SPORTS, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Web site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or any person using your Account. AVA SPORTS reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with AVA SPORTS in asserting any available defences.

Modification of Terms

AVA SPORTS may at any time revise these Terms of Use by updating the same at this Web site without prior notice. Your continued use of this Web site after such changes are posted will constitute your acceptance of such changes.

General

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.

INTERNATIONAL USERS

This Web site is operated, in whole or in part, from the UNITED KINGDOM. Financial service gateways or payment gateways may originate in other parts of the world. By using this Web site, regardless of where you live in the world, you consent to have your personal data transferred to and processed in the UK, and allow AVA SPORTS  to use and collect your personal information in accordance with this Privacy Policy.

TERMS OF USE

Your use of the Web site, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use. Please visit our Terms of Use section that explains other terms governing the use of our Web site.