Terms of service
Welcome to BAD DAY BALLS. The terms "we", "us" and "our" refer to BAD DAY BALLS. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
We have made every effort to accurately represent our products. Colors or product appearance may differ from how they appear on your screen. We do not warrant that the quality of any products will meet your expectations. All product descriptions are subject to change at any time without notice.
Section 3 — Orders
When you place an order, you are making an offer to purchase. BAD DAY BALLS reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance and receive payment. Please review your order carefully before submitting — we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to our Refund Policy. You represent that purchases are for personal use and not for commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Posted prices do not include taxes, shipping, or handling unless stated. You agree to provide current, complete and accurate payment information for all purchases.
Section 5 — Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Section 6 — Intellectual Property
Our Services, including all trademarks, brands, text, images, graphics, video, and audio, are owned by BAD DAY BALLS or its licensors and are protected by U.S. and foreign intellectual property laws. You may not reproduce, distribute, modify, or transmit any material from our Services without our prior written consent. BAD DAY BALLS's names, logos, and slogans are trademarks and may not be used without prior written permission.
Section 7 — Optional Tools
You may be provided access to third-party tools through the Services, which we do not monitor or control. These tools are provided "as is" without any warranties. Any use of optional third-party tools is entirely at your own risk.
Section 8 — Third-Party Links
The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party sites. If you leave our Services to access third-party sites, you do so at your own risk.
Section 9 — Relationship with Shopify
BAD DAY BALLS is powered by Shopify. All sales and purchases are made directly with BAD DAY BALLS. Shopify is not responsible for any aspect of sales between you and BAD DAY BALLS, including any injury, damage, or loss resulting from purchased products.
Section 10 — Privacy Policy
All personal information we collect is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agree to our Privacy Policy and Shopify's Privacy Policy.
Section 11 — Feedback
If you submit any ideas, suggestions, reviews, or other feedback, you grant us a perpetual, worldwide, royalty-free license to use that feedback for any purpose. You represent that you own all rights to any feedback you submit and that it complies with these Terms.
Section 12 — Errors, Inaccuracies and Omissions
There may occasionally be typographical errors, inaccuracies, or omissions in our Services. We reserve the right to correct any errors and update information or cancel orders at any time without prior notice.
Section 13 — Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services:
- For any unlawful or malicious purpose
- To violate any laws or regulations
- To infringe on intellectual property rights
- To harass, abuse, or harm any person
- To transmit false or misleading information
- To send spam or unsolicited promotional material
- To impersonate any person or entity
- To upload viruses or malicious code
- To scrape, collect, or extract data from the Services
- To interfere with or circumvent security features
Section 14 — Agents
No automated agent or AI tool may access or interact with our Services unless it identifies itself in all requests and operates in strict accordance with our requirements. Agents may not conceal that interactions are automated, mimic human behavior, or circumvent security measures. We may limit or block agent access at any time.
Section 15 — Termination
We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, and Indemnification will survive termination.
Section 16 — Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Section 17 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, BAD DAY BALLS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
Section 18 — Indemnification
You agree to indemnify and hold harmless BAD DAY BALLS, Shopify, and our affiliates from any losses, damages, or claims arising from your breach of these Terms, your violation of any law, or your use of the Services.
Section 19 — Severability
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will continue in full force.
Section 20 — Waiver; Entire Agreement
Our failure to enforce any right or provision of these Terms does not constitute a waiver. These Terms constitute the entire agreement between you and BAD DAY BALLS regarding your use of the Services.
Section 21 — Assignment
You may not transfer or assign this agreement without our prior written consent. We may transfer or assign these Terms without notice.
Section 22 — Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where BAD DAY BALLS is headquartered. You consent to venue and personal jurisdiction in such courts.
Section 23 — Headings
Section headings are included for convenience only and do not limit or affect these Terms.
Section 24 — Changes to Terms of Service
We reserve the right to update or change these Terms at any time. Changes will be effective on the date specified in the notice. Your continued use of the Services after any changes constitutes acceptance of those changes.
Section 25 — Contact Information
Questions about these Terms should be sent to:
BAD DAY BALLS, LLC
704-659-5289
Huntersville, NC 28078, United States