Last updated on November 7, 2024

Please read these Terms of Use and our Privacy Policy carefully as they govern your use of the website of Bo Jackson Battle Arena, Inc (“BoBattle”, “we”, or “us”) and all of its subsidiary websites and services.

We provide this website (the “Site”), applications (the “App”), products, and services (collectively, the “Services”) to you subject to the following terms of use and any additional terms incorporated herein by reference (collectively, the “Terms”). Before you use the Services, you must agree to these Terms.

THE TERMS INCLUDE AN ARBITRATION PROVISION. PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS AND REQUIRE THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, INCLUDING ON A RETROACTIVE BASIS, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED “BINDING ARBITRATION AND CLASS WAIVER.” OTHERWISE, BY USING THE SERVICES, OR BY CLICKING “I ACCEPT” OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND THESE TERMS.

YOU MUST BE A LEGAL RESIDENT OF THE U.S. TO USE THE SERVICES. NO ONE UNDER THE AGE OF 18 MAY USE THE SERVICES.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. WE ARE WILLING TO MAKE THE SERVICES AVAILABLE TO YOU ONLY IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES OR ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. THESE TERMS REPRESENT THE COMPLETE AGREEMENT BETWEEN YOU AND BOBATTLE CONCERNING THE SERVICES, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF. IF YOU DO NOT HAVE SUCH AUTHORITY, THEN WE ARE UNWILLING TO MAKE THESE SERVICES AVAILABLE TO YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

Updates and Amendments to Terms of Use and Privacy Policy

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You may not use these Services if you do not agree to these Terms, if you are not of legal age to enter into these Terms in your jurisdiction of residence, or if you are prohibited from using the Services or any of our contents, products, or services by applicable law.

No one at BoBattle is authorized to modify these Terms with you or otherwise enter into an agreement with you that conflicts with these Terms except by means of a written agreement signed by an authorized agent of BoBattle, and any purported modifications, alterations, or conflicting terms will be null and void.

PLEASE READ THESE TERMS CAREFULLY, SINCE THEY INCLUDE IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, ALONG WITH CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE RELEVANT TO YOU.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‐mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‐mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: PRIVACY POLICY

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BoBattle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless (including reasonable attorney’s fees and costs of suit) BoBattle and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - FOR PURPOSES THAT ARE LEGAL, PROPER, AND IN ACCORDANCE WITH THESE TERMS AND APPLICABLE LAWS OR REGULATIONS.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

You agree that BoBattle has the right, without providing prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTIONAL AGENCIES, LICENSORS, LICENSEES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS EITHER BY US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

You represent, warrant, covenant, and agree that (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Services, including, without limitation, Cuba, Iran, North Korea, or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List, (ii) that appears on the U.S. Department of State’s terrorist Exclusion List, (iii) that is subject to sanctions in any other country, or (iv) that is engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or unmanned aerial vehicles. You are not allowed to use the Services if we identify your IP address or address of residence or use of the Services as originating from any such country.

You represent, warrant, covenant, and agree (a) that you will not use, trade, sell, or otherwise dispose of any asset from the Services in any manner that is contrary to or in violation of any applicable law; (b) that you have the full right and authority to use the Services and to be bound by these Terms; and (c) that you will at all times comply with applicable laws.

You acknowledge and agree that, if you access the Services via browser, BoBattle may cease to support a given browser, and that your continued use of the Services may require you to download and use a supported browser. You also acknowledge and agree that the performance of the Services is dependent on the performance of your electronics equipment and your Internet connection and/or telecommunications services.

You acknowledge and agree that the Services may include hyperlinks to other websites or resources (the “External Sites”), which are provided solely as a convenience to our users. We have no control over the External Sites. You acknowledge and agree that BoBattle is not responsible for the availability of any External Sites, and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that BoBattle is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance you place on the completeness, accuracy, or existence of any advertising, products, or other materials on or made available from any External Sites.

 

SECTION 19 - DISPUTE RESOLUTION – BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS, REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH BOBATTLE, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO

OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BOBATTLE. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BOBATTLE BY SOMEONE ELSE.

ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

1. Pre-Arbitration Procedure. Before initiating any arbitration, you must follow a robust pre-arbitration notice procedure aimed at facilitating prompt and low-cost resolutions to any dispute with BoBattle.
2. Pre-Arbitration Notice Procedure. This procedure includes:
1. Notice Requirement: You must send a certified letter with confirmation of receipt to Bo Jackson Battle Arena Inc. 1320 Main Street, Suite 300, Columbia, 29201 and an electronic copy to support@bobattlearena.com. The letter must contain specific information about the dispute, including your name, address, contact information, the amount in dispute, and a summary of the reasons for the dispute.
2. Resolution Period: After sending the notice, you must wait 45 days to allow BoBattle to analyze the claim and engage in a good faith discussion with you to resolve the dispute.
3. Video Session Requirement: You are required to participate in a video session to discuss the dispute with the intention of resolving it. While you may have an attorney present, you must personally attend this session. All these steps must be completed before an arbitration complaint can be filed.
3. Jurisdictional Nature of Pre-Arbitration Notice. The pre-arbitration notice procedure is jurisdictional. The arbitration administrator is required to dismiss any arbitration filing where you have not completed the mandatory pre-arbitration notice procedure. You must include language in your arbitration filing that confirms the pre-arbitration notice procedure has been satisfied.
4. Fee Prohibition. The arbitration administrator is prohibited from seeking any fees from BoBattle if the pre-filing notice procedure has not been certified as complete by you.
5. Dismissal of Court Filings. Any complaint filed in court must be dismissed, as all claims are subject to arbitration per this agreement.
6. Company’s Right to Seek Fees. BoBattle reserves the right to seek fees if you file for arbitration without first engaging in the pre-filing notice procedure. BoBattle may also seek fees if you file a court complaint instead of following the pre-arbitration notice procedure and subsequently filing an arbitration complaint

Scope of Arbitration Provision. You and BoBattle agree that any past, pending, or future dispute, claim, or controversy arising out of relating to your access to or use of any BoBattle Services or these Terms of Use (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a "Dispute"), shall be determined by arbitration, except that you and BoBattle are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

YOU EXPRESSLY AGREE TO GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.

Waiver of Class Relief. YOU EXPRESSLY AGREE THAT YOU AND BOBATTLE WILL NOT COMMENCE AGAINST THE OTHER ANY LAWSUIT, ARBITRATION, OR OTHER DISPUTE RESOLUTION MECHANISM AS A MEMBER OF A CLASS OF CLAIMANTS, INCLUDING, WITHOUT LIMITATION, AS A MEMBER OF A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE LAWSUIT. By accepting this agreement, you give up your right to participate in any past, pending, or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to these Terms.

OPTION TO OPT OUT. YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

PROCEDURE TO OPT OUT OF ARBITRATION. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL TO [support@bobattlearena.com] CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE BODY OR SUBJECT LINE OF THE EMAIL.

Location of Arbitration and Applicable Rules. All disputes arising out of or in connection with these Terms, or in respect of any defined legal relationship associated therewith, shall be resolved exclusively by arbitration under the Federal Arbitration Act and using the Streamlined Arbitration Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), with arbitration to occur in Columbia, South Carolina; and the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and BoBattle will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees. Each party will cover its own fees and costs associated with the arbitration proceedings.

Authority of Arbitrator. With the exception of the class procedures and remedies discussed above under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator’s award will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these terms are specifically enforceable by us through injunctive relief and other equitable remedies and without proof of monetary damages.

One Year Statute of Limitations. You and BoBattle agree that any claims, regardless of form, arising out of or related to the Site (including Services) or these Terms of Use or Privacy Policy must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute

 

SECTION 20 - FORCE MAJEURE

We will not be liable or responsible to you, nor will we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when such failure or delay is caused by or results from one or more of the following force majeure events: acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, hurricane, explosion; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law, or action; embargoes or blockades; strikes, labor stoppages, or other industrial disturbance; telecommunications breakdown, shortage of adequate power or electricity, shortage of adequate Internet connectivity; other similar events beyond our control.

In the event BoBattle is subject to a force majeure event, we will use commercially reasonable efforts to promptly notify you of the event and its expected duration. We will resume performance as soon as reasonably practicable. In the event we are unable to resume performance, we may terminate these Terms.

 

SECTION 21 - PRIVACY POLICY

BoBattle’s Privacy Policy describes the ways in which we collect, use, and disclose your personal information. Our Privacy Policy (here) is hereby incorporated by this reference into these Terms, and you agree to the collection, use, and disclosure of your data as set forth in the Privacy Policy.

 

SECTION 22 - NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210.

 

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@bobattlearena.com. Our contact information is posted below:

Bo Jackson Battle Arena, Inc.
support@bobattlearena.com
1320 Main Street, Suite 300,
Columbia, 29201