Terms of Service

Welcome to Pick A Ball online store! The following terms and conditions apply to all visitors and users of the Pick A Ball website. By accessing and using this website, you agree to be bound by these terms and conditions.

General

  • Changes to Terms: The content of these Terms and Conditions may be changed, moved, or deleted at any time. Pick A Ball reserves the right to modify the contents of these terms and conditions without any prior notice.
  • User Compliance: You agree to follow and comply with all terms and conditions. Any violation may result in immediate action against the user, including account suspension or termination.

Site Contents & Copyrights

  • Intellectual Property: Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written content, and other materials appearing on this site (collectively referred to as the "Contents of the Site") are the copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by Pick A Ball and/or its principals.
  • Third-Party Content: Product materials, including text, site design, logos, graphics, icons, and images from our partners, may be used on this site, and these materials remain the property of their respective owners.

Comments and Feedback

  • Ownership of Comments: All comments, feedback, suggestions, or submissions made to the Pick A Ball website, whether through email, forums, or any other medium, shall remain the property of Pick A Ball.
  • Prohibited Content: Customers agree that no comments, content, or feedback submitted to the site will infringe on the rights of third parties, including copyrights, trademarks, privacy, or proprietary rights. Additionally, no unlawful, abusive, or obscene content will be posted.
  • Customer Responsibility: You, the customer, will be solely responsible for any content you submit.

Product Information

  • Product Representation: Pick A Ball cannot guarantee that all products will appear exactly as shown on your monitor, as variations may occur due to monitor settings or display limitations.
  • Pricing and Availability: Pick A Ball reserves the right to modify product prices, availability, and other details without prior notice.

Order Acceptance Policy

  • Order Confirmation: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Pick A Ball reserves the right to accept or decline orders at any time.
  • Quantity Adjustments: We may supply fewer items than ordered or cancel items in your order at our discretion.

Out-of-Stock Products

  • Shipping Delays: We will ship your product as it becomes available. Most products ship within 1-4 business days. However, there may be times when the product you have ordered is out-of-stock, which may delay your order.
  • Notifications: If products are unavailable for immediate shipment, we will notify you via email or post a notice on the website.
  • Order Cancellation: You may cancel your order at any time before shipping.

Taxes

  • Sales Tax: Our store will automatically charge and withhold applicable sales tax for orders delivered to addresses within the same state/province where Pick A Ball holds a presence.
  • Responsibility for Taxes: For orders shipped to other areas, you are solely responsible for any applicable sales taxes or other taxes.

Typographical Errors

  • Errors in Pricing or Information: In the event of a typographical error, or incorrect pricing or product information, Pick A Ball reserves the right to refuse or cancel any orders placed for products listed at an incorrect price.
  • Refunds for Canceled Orders: If your credit card has been charged for a canceled order, Pick A Ball will issue a refund in the amount of the incorrect price.

Indemnification

  • Customer Responsibility: You agree to defend, indemnify, and hold Pick A Ball harmless from any and all claims, damages, costs, and expenses, including attorneys' fees, arising from your use of the site or violation of these terms.

Links to Other Sites

  • Third-Party Links: Pick A Ball may provide links to third-party sites for your convenience. However, Pick A Ball is not responsible for the content, products, or services on those sites and is not liable for any damages, losses, or issues arising from your use of third-party websites.

Inaccuracy of Information

  • Product and Information Accuracy: Occasionally, there may be errors, inaccuracies, or omissions in the content displayed on the Pick A Ball website. This can relate to product descriptions, pricing, availability, and other information.
  • Right to Correct Information: We reserve the right to correct any errors or inaccuracies and make changes to the content at any time without prior notice.

Newsletter Subscription

  • Marketing Communications: By using the website, customers agree that Pick A Ball may send newsletters or promotional emails regarding products, services, or news. You can opt-out of these communications at any time.

Disclaimer of Warranties and Limitation of Liabilities

  • No Warranties: You expressly understand and agree that, to the fullest extent permitted by law, all use of the website and services, any information, content, products, or services contained at or provided through or purchased from the website or services, and any functionality or software or programming contained at or provided through the website or services, is provided on an "as is" and "as available" basis without guarantee or warranty of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability or satisfactory quality, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, we make no warranty, promise, or guarantee of any kind that:
    • (a) operation of the website and services will be continuous, timely, uninterrupted, secure, or that the website or its server are free of errors, viruses, or other harmful effects;
    • (b) the website or services will meet your requirements or expectations;
    • (c) the results that may be obtained from use of the website, products, or services will be effective, typical, accurate, or reliable; and
    • (d) the quality of any products, services, or information purchased or obtained by you from the website or services will meet your expectations or be free from mistakes, errors, or defects.
  • Risk Acknowledgement: Your use of the website, products, and services is at your own risk. We expect that you will use caution and common sense when using the website and services.
  • Accuracy and Completeness of Information: All information provided on the website and services is without warranty as to its completeness, timeliness, accuracy, suitability, or authenticity. You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced on the website or services. Pick A Ball does not warrant the accuracy of any third-party content contained within or referred to on the website or services, including any links to third-party websites.
  • Limitation of Liability: Under no circumstances or legal theory shall Pick A Ball or its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, distributors, vendors, attorneys, or affiliates be liable to you or any third party for any indirect damages (whether indirect, incidental, consequential, special, punitive, exemplary, or otherwise) arising from your use of or inability to use the website or services, even if we have been advised of the possibility of damages.
  • Exclusive Remedy: If you are dissatisfied with the website or services, or any materials on the website or services, or with any of the terms of this agreement, your sole and exclusive remedy is to discontinue using the website and services.
  • Product Usage Risks: By using any product(s) purchased through the services, you acknowledge and agree that you are fully responsible for any potential effects, proper handling, and proper usage of such product(s), and you acknowledge and assume any risks that may come therewith, including, without limitation, any physical injuries, health effects, allergic reactions, physiological changes, body reactions, and any loss or damages that may occur thereafter.
  • Exclusions: The limitation of liability set forth above shall: (i) only apply to the extent permitted by law, and (ii) not apply to (a) liability resulting from our gross negligence or willful misconduct and (b) death or bodily injury solely resulting from our acts or omissions.

  • RESULTING FROM OUR ACTS OR