Terms & Conditions
Use of our site subjects you to the notices, terms, and conditions set forth in this agreement (the “Agreement”). We reserve the right to change this site and these terms and conditions at any time. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
USE OF SITE
You represent and warrant that you are at least 13 years old or visiting the site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
We may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.
This website and its contents are intended solely for your personal, non-commercial use. ThrowBetter will attempt to ensure that this website is complete, accurate and current. Occasionally there may be information on this site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on this site at any time without prior notice (including after you have submitted your order).
All content included in this site, including but not limited to text, graphics or code is the property of ThrowBetter or is licensed to ThrowBetter and is Copyright 2014, ThrowBetter ALL RIGHTS RESERVED. Permission is granted to electronically copy and/or print hard copy portions of this site for the sole purpose of placing an order with ThrowBetter or purchasing ThrowBetter products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited.
All trademarks, service marks and trade names of ThrowBetter used herein (including but not limited to the ThrowBetter name and ThrowBetter logos) are trademarks or registered trademarks of ThrowBetter Inc. and are the sole property of ThrowBetter. Nothing contained in this website grants or should be construed as granting any license or right to use any trademark, trade name or logo displayed on this website without the prior written permission of an authorized representative of ThrowBetter Inc.
By submitting reviews, testimonials, comments, content, photos, data or other materials (“Materials”) to the site, you hereby grant to ThrowBetter a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicense-able right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to ThrowBetter a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
ThrowBetter makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the web site or Content, or the suitability, functionality, or operation of this web site or its Content. By using this web site, you assume the risk that the Content on this web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. The references and descriptions of products or services within the web site materials are provided “as is” without any warranty of any kind, either express or implied. ThrowBetter is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this web site or of any of the products or services described hereon.
ThrowBetter SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL ThrowBetter BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
ThrowBetter and its officers, employees and affiliates shall not be liable for any special or consequential damages (including lost profits, lost data, or business interruption) that result from the use of, or the inability to use, the materials in this site or the performance or condition of products, even if ThrowBetter has been advised of the possibility of such damages or if any remedy provided herein shall fail of its essential purpose. ThrowBetter’s total liability on any claim for any loss or damage, whether based in contract, negligence, infringement, strict liability or other tort or legal theory shall not exceed the price paid for the products or services in respect of which such cause arises or, at ThrowBetter’s option, the repair or replacement of such products.applicable local law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event of litigation both parties agree that the Law of the State of California shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell a product or service. ThrowBetter reserves the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. We may also require verification of information prior to the acceptance and/or shipment of any order.
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that ThrowBetter is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to defend, indemnify and hold ThrowBetter harmless from and against any and all claims, damages, costs and expenses arising from or related to your use of this website or your breach of these Terms.
Unless otherwise specified, this website and the contents thereof are displayed for the sole purpose of promoting the products provided by ThrowBetter available Worldwide. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of ThrowBetter’s later right to strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of this website and shall not be modified except in writing signed by you and the authorized representative of ThrowBetter.
Last Edited on 2018-07-01