This Flash Sales, Inc. web site located at www.jackattackball.com is a copyrighted work belonging to Flash Sales, Inc., Inc. (“Flash Sales, Inc.”). Flash Sales, Inc. By accessing and/or using our Web site or mobile applications (the “Web site”), you agree to and accept these terms and conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you provide Flash Sales, Inc. and is incorporated into these terms and conditions by reference. Please read the terms and conditions and Notice of Privacy Practices carefully as you are agreeing to be bound by them.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH FLASH SALES, INC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A FLASH SALES, INC. MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.
1 Terms of Sale
1.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. Flash Sales, Inc. reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You agree that Flash Sales, Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
1.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Flash Sales, Inc. will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Flash Sales, Inc.’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Flash Sales, Inc. All payments are non-refundable (except as expressly set forth in Section 1.1 and 1.3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
1.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
1.4 Shipping Policy. Any delivery dates provided by Flash Sales, Inc. are estimates. Flash Sales, Inc. reserves the right to make deliveries in installments. We ship within the US (including Alaska and Hawaii), Canada, and ship to many other countries globally.
1.5 Return Policy
(a) Return Policy. Flash Sales, Inc. wants you to be happy with your purchase. If you are not happy with your product within 30 days of purchase, you may send it back to us for a refund. Any delivery charges associated with your order will not be refunded to you. Flash Sales, Inc., at its discretion, may offer credit with our site and you may use that credit for future purchase of Product on the Website. If you would like to return your product, send us an email to firstname.lastname@example.org and we will guide you through the process.
(b) Exchanges. We do not accept any Product exchanges.
(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), Flash Sales, Inc. will accept returns for a full refund only. Once Flash Sales, Inc. confirms that you received a Damaged Product, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
2 Web site
2.1 License. Subject to the terms of this Agreement, Flash Sales, Inc. grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 2.2. Flash Sales, Inc. may terminate this license at any time for any reason.
2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of Flash Sales, Inc.; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Flash Sales, Inc.’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without Flash Sales, Inc.’s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.
2.3 Modification. Flash Sales, Inc. reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice. You agree that Flash Sales, Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site or any part thereof.
2.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by Flash Sales, Inc. and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. Flash Sales, Inc. reserves all rights not granted in this Agreement.
3 User Content
3.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits to Flash Sales, Inc. by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Flash Sales, Inc. Because you alone are responsible for your User Content (and not Flash Sales, Inc.), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Flash Sales, Inc. is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Flash Sales, Inc. may delete User Content at any time.
3.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to Flash Sales, Inc. an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content. 3.3 Feedback. Flash Sales, Inc. will treat any feedback, communications, or suggestions you provide to Flash Sales, Inc. as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Flash Sales, Inc. to the contrary, you agree that you will not submit to Flash Sales, Inc. any information or ideas that you consider to be confidential or proprietary.
4 Acceptable Use Policy The following sets forth Flash Sales, Inc.’s “Acceptable Use Policy”:
4.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
4.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.
4.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, , and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your IP address and traffic information, usage history, and your User Content.
5 Third Party Sites and Other Users
5.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of Flash Sales, Inc. and Flash Sales, Inc. is not responsible for any Third Party Sites. Flash Sales, Inc. provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
5.2 Other Users. Each Web site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree that Flash Sales, Inc. will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web site user, we are under no obligation to become involved.
5.3 Release. You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Web site users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, THEN ALL SUCH WARRENTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE. FLASH SALES, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND FLASH SALES, INC. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT FLASH SALES, INC.. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.
7 Limitation on Liability
IN NO EVENT SHALL FLASH SALES, INC., OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID FLASH SALES, INC. IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold Flash Sales, Inc., our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Web site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Flash Sales, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Flash Sales, Inc. Flash Sales, Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9 Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Web site. We may (a) suspend your rights to use the Web site or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Web site in violation of this Agreement or if we believe you are younger than 18 or we have not been able to secure parental consent. Upon termination of this Agreement, your right to access and use the Web site will terminate immediately. You understand that any termination of your Flash Sales, Inc. Account may involve deletion of any User Content you may have posted. Flash Sales, Inc. will not have any liability whatsoever to you for any termination of this Agreement, including for deletion of your User Content.
10 Intellectual Property
Flash Sales, Inc. respects the intellectual property of others and asks that users of our Web site do the same. Except as authorized in Section 2.1 of this Agreement, you are not permitted access or use of any of Flash Sales, Inc.’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Web site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Web site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Web site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Flash Sales, Inc. is:
Flash Sales, Inc.
4401 NW 167th Street Miami,
11.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Web site. These changes will be effective immediately. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of these terms and conditions.
11.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which you reside, without regard to the conflicts of laws rules of that state or any other state.
11.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Web site and the purchase of any Products on our Web site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Flash Sales, Inc.’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
12 Offers, Promotions, and Customer Credits
Flash Sales, Inc. may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Flash Sales, Inc.). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met. Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits. Flash Sales, Inc. reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Flash Sales, Inc. reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Flash Sales, Inc. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Flash Sales, Inc. terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Flash Sales, Inc. and such determination is final.