Terms and Conditions
Please read these Terms and Conditions carefully before using the www.rubberballusa.com website operated by Rubber Ball USA.
Your access to and use of the site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website.
By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website.
This website is intended for adults 18 years of age or older. If you are under 18 years of age, you are not authorized to use this site and are in violation of our Terms and Conditions.
When you visit Rubber Ball USA or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RESTRICTIONS ON USE
The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
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 RUBBER BALL USA 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 RUBBER BALL USA and protected by U.S. and international copyright laws.
The RUBBER BALL USA name, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of RUBBER BALL USA or its affiliates in the U.S. and/or other countries. RUBBER BALL USA’s trademarks and trade dress may not be used in connection with any product or service that is not RUBBER BALL USA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RUBBER BALL USA. All other trademarks not owned by RUBBER BALL USA or its affiliates 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 RUBBER BALL USA or its affiliates.
If you use this site, 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. You must be 21 years of age or older to register a membership account. RUBBER BALL USA and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, 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. RUBBER BALL USA 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 RUBBER BALL USA and its associates 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 RUBBER BALL USA and its associates 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 RUBBER BALL USA or its associates for all claims resulting from content you supply. RUBBER BALL USA has the right but not the obligation to monitor and edit or remove any activity or content. RUBBER BALL USA takes no responsibility and assumes no liability for any content posted by you or any third party.
TERMS OF SALE
We accept all major credit cards (Visa, MasterCard, American Express). We cannot accept personal checks, travelers checks, or money orders. Payment must be made through our online check-out process.
All ticket sales are final. Tickets are non-transferable and non-refundable.
RUBBER BALL USA and its associates attempt to be as accurate as possible. However, RUBBER BALL USA 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 RUBBER BALL USA itself is not as described, your sole remedy is to return it in unused condition.
WAIVER AND RELEASE OF LIABILITY
By booking a reservation or purchasing VIP tickets to a Rubber Ball USA event, you agree to electronically sign our Accident Waiver and Release of Liability form, prior to participation. This form will be e-mailed to you with your purchase/booking confirmation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by RUBBER BALL USA on an “as is” and “as available” basis. RUBBER BALL USA 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, RUBBER BALL USA disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. RUBBER BALL USA 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 may have additional rights.
By visiting RUBBER BALL USA, you agree that the laws of Minnesota, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and RUBBER BALL USA or its associates.
Any dispute relating in any way to your visit to RUBBER BALL USA or to products you purchase through RUBBER BALL USA shall be submitted to confidential arbitration in Minnesota, USA, except that, to the extent you have in any manner violated or threatened to violate RUBBER BALL USA’s intellectual property rights, RUBBER BALL USA may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, USA, 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 arbitrators 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 VIP Participant Waiver policy, posted on this site. These policies also govern your visit to and use of the RUBBER BALL USA website. We reserve the right to make changes to our site, policies, and these Terms and Conditions 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.