TERMS OF USE

The Travel Ball Depot website (the “Site”) and the Travel Ball Depot mobile app (the “App”) are operated by Travel Ball Depot, LLC. Travel Ball Depot offers the Site and the App, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Use refer to the App and Site, together with any materials and services available therein, as the “Service.”

By using the Service, you agree to be bound by the following terms and conditions (collective the "Agreement" or “Terms of Use”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Service.

Please read these Terms of Use carefully. If you do not agree to all the terms and conditions of this Terms of Use, then please do not use the Service.

Any new features or tools which are added to the Service shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Site with or without notice to you. 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.

Your sole remedy against Travel Ball Depot, LLC and its Officers, Directors and Employees for dissatisfaction with the Service, is to cease using the Service.

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT https://www.travelballdepot.com/ (THE "SITE"), THE APP, AND ALL SERVICES (COLLECTIVELY THE "SERVICE") PROVIDED BY TRAVEL BALL DEPOT, LLC ON THE SITE.

By using the Service, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Service, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site or App.

The Service Is a Venue: You agree that the Service is a venue. As such, Travel Ball Depot is not responsible or liable for any content (e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) posted by you, other users, or outside parties on the Site or App. You use the Service at your own risk.

The Service is a venue to allow users who comply with Travel Ball Depot’s policies to offer, sell and buy certain goods within a fixed-price format. Travel Ball Depot is not directly involved in the transaction between buyers and sellers. As a result, Travel Ball Depot has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Travel Ball Depot does not pre-screen users or the content or information provided by users. Travel Ball Depot cannot ensure that a buyer or seller will actually complete a transaction. Travel Ball depot holds no right, title, or interest in any products or items listed on the Site or App and does not transfer legal ownership of items from the seller to the buyer.

Travel Ball Depot does not verify and cannot guarantee the true identity, age, and nationality of a user. Travel Ball Depot encourages each user to communicate directly with potential transaction partners through the tools available on the Service.

Membership Eligibility: The Service is available only to, and may only be used by, individuals who are 18 years or older who can form legally binding contracts under applicable law. By using the Service, you represent and warrant that you are at least 18 years old and that all the registration information you submit is accurate and truthful. Travel Ball Depot may, in its sole discretion, refuse to offer access to or use of the Service to any person or entity. Moreover, Travel Ball Depot may change its user eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use the Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to abide by Travel Ball Depot’s policies as stated in this Agreement, as well as with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Travel Ball Depot of any unauthorized use of your password or any breach of security. You also agree that Travel Ball Depot cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your account and User ID to any other party.

Right to Refuse Service: Travel Ball Depot may refuse service to or for any user, for any reason, at any time. Travel Ball Depot reserves the right, at our sole discretion, to temporarily or indefinitely suspended users of the Service. Travel Ball Depot reserves the right, at our sole discretion, to cancel unconfirmed or inactive accounts.

Privacy Policy: Please review our Privacy Policy, which governs your use of the Service, to understand our practices.

Fees Policy: Joining and creating a listing on the Service is always free. Travel Ball Depot will charge a fee for the sale price when the item sells. Travel Ball depot’s Fees Policy, which is subject to change at any time without notice to you, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Travel Ball Depot’s services are effective upon being published on the Site. However, Travel Ball Depot may choose to temporarily change the Fees Policy and the fees for our services for promotional events (e.g., free sales days). Such changes are effective when Travel Ball Depot posts the temporary promotional event on the Site and/or App. Travel Ball Depot may, at Travel Ball Depot’s sole discretion, change some or all of Travel Ball Depot’s services at any time. In the event Travel Ball Depot introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

• Travel Ball Depot charges a selling fee of 10% and in addition to selling fees, there is a 2.9% payment processing fee of the cost of the product bought plus an additional .30 cents.
• There is a $5 minimum once an item is sold.

You are responsible for paying all fees and applicable taxes associated with using the Service.

Marketplace Policies

Communication

• Travel Ball Depot is a venue for buyers and sellers to communicate. Travel Ball Depot does not allow the public exchange of private contact information (e.g. email addresses, phone numbers). However, both buyer and seller will receive information (both private and public) from one another upon entering a transaction. The buyer will provide his/her shipping address and email to the seller. The sellers' email address will be provided to the buyer upon order confirmation.
• Seller is responsible for providing reasonable support for any issues related to an item sold.

Order Fulfillment and Shipping Policies

These shipping policies apply to all sales transactions that occur within Travel Ball Depot website.

• Sellers are expected to fulfill a sales order and ship within three business days of receiving payment.
• Shipping costs should be included in the listing (ground shipping with tracking and insurance). These costs can be viewed during checkout. Domestic (same country shipping) shipping charges are required.
• Seller may use the shipping method of its choice as long as the shipping method offers reasonable transit times and a valid tracking number.
• Seller must communicate shipping tracking data, including carrier and tracking number, to buyer and Travel Ball Depot.

Sale Voidance

• Travel Ball Depot sales are binding, though the sale may become void in certain circumstances.
• Seller may void a sale if full payment is not received from the buyer.
• Seller may void a sale if the buyer requests unreasonable shipping methods (e.g. overnight shipping).
• Seller may void a sale if the buyer does not meet stated, required criteria for buying.
• Seller may not (in good standing) void a sale because they forgot to include shipping costs.
• Seller can void a sale if they suspect a transaction is fraudulent in nature. Seller must notify Travel Ball Depot immediately in this event.
• Buyer may void a sale and request a refund if the seller does not comply with Order Fulfillment policies.

Returns and Refunds

• Sellers are urged to specify return policies for items as part of the product description. All return policies must comply with Travel Ball Depot’s site-wide policies.
• If an item is received not as described, the buyer shall be entitled to a refund.
• Sellers should refund promptly for returned items after received.
• Travel Ball Depot will refund sale fees to buyers when a sale is voided due to fault of the seller or Travel Ball Depot.
• If an item is received as advertised, but the buyer wishes to return, the seller is not obligated to accept a return. Any granted refund in these situations should be less fees already incurred by the seller. Travel Ball Depot’s sale fees are not refundable in such situations.
• Refunds are subject to Payment Processors refund policies and limitations.

Shipping Costs on Returned Items

• If an item is received in an unusable state and must be returned, the seller is responsible for reimbursing return shipping costs to the buyer.
• If an item is returned due to a disagreement in the condition of a device (e.g. good vs. fair), the buyer is typically responsible for covering return shipping costs.
• When an item is to be returned for any other reason, the buyer and seller must establish and agree upon who is responsible for the shipping costs prior to the return being sent.
• Returned items should be shipped with proper tracking and insurance for the buyer's protection.

Marketplace Operation:

In addition to these Terms of Use, you agree to the procedures and guidelines contained in Travel Ball Depot’s Marketplace Policies, which are incorporated by reference into and made part of, these Terms of Use. Like these Terms of Use, Travel Ball Depot may change Travel Ball Depot’s Market Policies without notice to you, and any such changes will be effective immediately upon posting, regardless of whether or not you received notice of such change(s). You should refer regularly to Travel Ball Depot’s Marketplace Policies to understand the current procedures and guidelines. In the event there is a conflict between these Terms of Use and Travel Ball Depot’s Marketplace Policies, Travel Ball Depot’s Marketplace Policies shall supersede the Terms of Use and control use of the Site and App.

Item Listings: By listing an item on the Service, you warrant that you and all aspects of the item comply with Travel Ball Depot’s Published Policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. You are responsible for ensuring accuracy of all product listings, including but not limited to, pricing, model numbers, descriptions, images, available quantities, and item condition. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. You are responsible for setting the listing price of each item to include shipping costs in accordance with Travel Ball Depot’s Sale Fulfillment Policies. Travel Ball Depot may add a fee to any listing price for selling services.

Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Travel Ball Depot may reject and remove from the Service any text descriptions, graphics, pictures and other content posted by any user of the Service or other Travel Ball Depot’s services at its discretion.

Rejection or Removal of Listings: Travel Ball Depot may, in its sole discretion and determination, reject or remove product listings without notice to the Seller.

No Endorsement by Travel Ball Depot: Travel Ball Depot neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Service. Travel Ball Depot and its agents reserve the right to remove any and all postings or listings that Travel Ball Depot determines, in its sole discretion, do not comply with these Terms of Use and any other rules of user conduct for the Service, or are otherwise harmful, objectionable or inaccurate. You expressly understand and agree that Travel Ball Depot is not responsible for any delay in removing such postings.

Return Policies: All sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with Travel Ball Depot’s Return Policies. Sellers are responsible for enforcing their own reasonable policies. Travel Ball Depot reserves the right to request that a seller modify a listing Return Policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. A sale may be voided under circumstances defined in Travel Ball Depot’s Market Policies relating to Sale Voidance.

Transaction Payments: Marketplace payments are to be made directly by the Buyer to the Seller via our Travel Ball Depot payment gateway. Seller is solely responsible for ensuring proper payment is received from Buyer, including any necessary taxes and shipping expenses, before fulfilling the sale. Travel Ball Depot shall not be liable for any consequential, incidental, special, punitive or indirect damages incurred by Buyer or Seller for insufficient payments or Seller's failure to ensure that proper payment was received from Buyer.

Buyer and Seller Communication: Seller is responsible for providing support for any sale-related issues beyond functionality of the Service or the Travel Ball Depot’s Marketplace. As a condition of using the Service and the Travel Ball Depot’s Marketplace, Sellers agree to use his/her/its best efforts to offer support and assistance in the resolution of Buyers' concerns and disputes.

Communication between Buyer and Seller shall be conducted as outlined in Travel Ball Depot’s Marketplace Policies relating to Buyer and Seller Communication.

Order Fulfillment: The Seller is obligated to fulfill the order or otherwise complete the transaction with the Buyer in a prompt manner in accordance with Travel Ball Depot’s Marketplace Policies relating to Order Fulfillment.

Third-Party Sites and Information: The Site or App may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While Travel Ball depot makes every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand and agree that Travel Ball Depot is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is Travel Ball Depot responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Service or party by Travel Ball depot, or any warranty of any kind, either express or implied.

Prohibited, Questionable and Infringing Items and Activities: You are solely responsible for your conduct and activities on the Site or App, and/or conduct or activities relating to or regarding any Travel Ball Depot’s services. You are also solely responsible for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site or App.

Restricted Activities: Your Content and your use of the Site shall not:

• Be false, inaccurate or misleading
• Be fraudulent or involve the sale of illegal, counterfeit or stolen items
• Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
• Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• Contain items that have been identified by the U.S. Consumer Products Safety Commission (ÒCPSCÓ) as hazardous to consumers and therefore subject to a recall
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Travel Ball Depot’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
• Be obscene or contain child pornography
• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Host images not part of a listing
• Modify, adapt or hack the Site or App or modify another website to falsely imply that it is associated with Travel Ball Depot
• Appear to create liability for Travel Ball Depot or cause Travel Ball Depot to lose (in whole or in part) the services of Travel Ball Depot’s Internet Service Provider or other suppliers
• Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Travel Ball Depot
• Contain offers to buy or sell outside of Travel Ball Depot

Furthermore, you may not list any item on the Site or App (or consummate any transaction that was initiated using Travel Ball Depot’s Services) that, by paying to Travel Ball Depot the listing fee or the final value fee, could cause Travel Ball depot to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

User's Grant of License In Favor of Travel Ball Depot: Travel Ball Depot does not claim ownership rights in/of your Content. You grant Travel Ball Depot a license to use any information or Content you supply, but you agree that Travel Ball Depot is not violating any rights you might have in any information or Content you supply to Travel Ball Depot. You grant Travel Ball Depot a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Travel Ball Depot to store or re-format your Content on the Service and display your Content on the Service in any way Travel Ball Depot chooses. Travel Ball Depot will only use personal information in accordance with Travel Ball depot’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Travel Ball Depot user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Travel Ball Depot’s - related communications. Travel Ball Depot has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Travel Ball Depot’s users to your email or physical mail list. For more information, see Travel Ball Depot’s Privacy Policy.

Travel Ball Depot’s Grant of License in Favor of User: Subject to your compliance with the Terms and Conditions, this Agreement, and your payment of any applicable fees, Travel Ball Depot or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of any Travel Ball depot’s Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Travel Ball Depot’s Service or its contents; any downloading or copying of account information for the benefit of another user, seller, buyer or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Travel Ball Depot or its licensors, suppliers, publishers, rightsholders, or other content providers. No Travel Ball Depot’s Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Travel Ball Depot. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Travel Ball Depot without express written consent. You may not use any meta tags or any other "hidden text" utilizing Travel Ball Depot’s name or trademarks without the express written consent of Travel Ball Depot. You may not misuse the Site, the App, or any Travel Ball Depot’s Service. You may use the Site, the App and any other Travel Ball Depot service only as permitted by law. The licenses granted by Travel Ball Depot terminate if you do not comply with this Agreement.

Re-Posting Content: By posting Content on the Service, it is possible for an outside website or a third party to re-post that Content. You agree to indemnify, defend, and hold Travel Ball Depot harmless for any dispute concerning this use. If you choose to display your own Travel Ball Depot - hosted image on another website, the image must provide a link back to its listing page on Travel Ball Depot.

Idea Submissions: Travel Ball Depot considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Service or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Travel Ball Depot shall not be liable for the disclosure or use of such Material. If, at Travel Ball Depot’s request, any member sends Material to improve the Service (for example through customer support), Travel Ball Depot will also consider that Material to be non-confidential and non-proprietary, and Travel Ball Depot will not be liable for use or disclosure of the Material. Any communication by you to Travel Ball Depot is subject to this Agreement. You agree to grant, and hereby do grant, to Travel Ball Depot, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Information Control

No Control of Content by Travel Ball Depot: Travel Ball Depot does not control the Content provided by users that is made available on Travel Ball Depot. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using the Service, you assume all risk.

Other Resources: Travel Ball Depot is not responsible for the availability of outside websites or resources linked to or referenced on the Service. Travel Ball Depot does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Travel Ball Depot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

Disputes with Travel Ball Depot: In the event a dispute arises between you and Travel Ball Depot, please contact Travel Ball Depot. Any dispute arising from or relating to the subject matter of this Agreement shall be litigated in the Circuit Court of Fayette County, Alabama or the U.S. District Court for the Southern District of Alabama. The Service (excluding any third-party sites) is controlled by Travel Ball Depot from its offices in Alabama, and the statutes and laws of the State of Alabama shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Fayette County, Alabama or the U.S. District Court for the Southern District of Alabama with respect to any disputes arising from or relating to the subject matter of this Agreement and these Terms of Use.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Travel Ball Depot agree that any cause of action arising out of or related to the Service (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Travel Ball Depot has no obligation to resolve or to attempt to resolve such dispute. You release Travel Ball Depot and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and another user or a third party. Travel Ball Depot encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Travel Ball Depot may, for the benefit of users, try to help users resolve disputes. However, Travel Ball Depot does so in its sole discretion, and Travel Ball Depot has no obligation to resolve disputes between users or between users and outside parties. To the extent Travel Ball Depot attempts to resolve a dispute, Travel Ball Depot will do so in good faith based solely on Travel Ball Depot’s Marketplace Policies. Travel Ball Depot will not make judgments regarding legal issues or claims.

Travel Ball Depot’s Intellectual Property:

Travel Ball Depot, and other Travel Ball Depot graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Travel Ball Depot, LLC in the U.S. and/or other countries. Travel Ball Depot’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference:

Travel Ball Depot may contain robot exclusion headers that contain internal rules for software usage. Much of the information on the Site and App is updated on a real-time basis and is proprietary or is licensed to Travel Ball Depot by Travel Ball Depot’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose whatsoever, without Travel Ball Depot’s prior express written permission. Additionally, you agree that you will not:

• Take any action that imposes, or may impose, in Travel Ball Depot’s sole discretion, an unreasonable or disproportionately large load on Travel Ball Depot’s infrastructure
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Service without the prior express written permission of Travel Ball Depot and the appropriate third party, as applicable
• Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service
• Bypass Travel Ball Depot’s robot exclusion headers or other measures Travel Ball Depot may use to prevent or restrict access to the Service

Breach:  Without limiting any other remedies, Travel Ball Depot may, without notice, and without refunding any fees, delay or immediately remove Content, warn Travel Ball Depot’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Service, and take technical and legal steps to keep a user off the Site or App and refuse to provide services to a user if any of the following apply:

• Travel Ball Depot suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein
• Travel Ball Depot is unable to verify or authenticate any of your personal information or Content
• Travel Ball Depot believes that a user is acting inconsistently with the letter or spirit of Travel Ball Depot’s policies, has engaged in improper or fraudulent activity on the Site or App or in connection with Travel Ball Depot or the actions may cause legal liability or financial loss to Travel Ball Depot users or to Travel Ball Depot

Privacy: Except as provided in Travel Ball Depot’s Privacy Policy, Travel Ball Depot will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Travel Ball Depot stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

DISCLAIMER OF WARRANTIES:

TRAVEL BALL DEPOT, TRAVEL BALL DEPOT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TRAVEL BALL DEPOT’S SUPPLIERS PROVIDE THE SITE, THE APP AND TRAVEL BALL DEPOT SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TRAVEL BALL DEPOT, TRAVEL BALL DEPOT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TRAVEL BALL DEPOT’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE SITE, THE APP, THE TRAVEL BALL DEPOT SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, THE APP, OR THROUGH TRAVEL BALL DEPOT’S SERVICES ARE PROVIDED BY TRAVEL BALL DEPOT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRAVEL BALL DEPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY TRAVEL BALL DEPOT SERVICES, THE OPERATION OF THE SITE, THE APP, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, THE APP OR OTHER TRAVEL BALL DEPOT SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRAVEL BALL DEPOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRAVEL BALL DEPOT DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, TRAVEL BALL DEPOT’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TRAVEL BALL DEPOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAVEL BALL DEPOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRAVEL BALL DEPOT’S SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

FURTHER, TRAVEL BALL DEPOT SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OFFERINGS OR CONTENT ON THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH A THIRD PARTY THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TRAVEL BALL DEPOT SHALL CREATE ANY WARRANTY. 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 MIGHT HAVE ADDITIONAL RIGHTS. PLEASE CONSULT THE LAW IN YOUR JURISDICTION.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL TRAVEL BALL DEPOT AND/OR (AS APPLICABLE) TRAVEL BALL DEPOT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TRAVEL BALL DEPOT’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE APP, TRAVEL BALL DEPOT’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

TRAVEL BALL DEPOT’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TRAVEL BALL DEPOT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TRAVEL BALL DEPOT IN THE 12 MONTHS PRIOR TO THE ACTION OR EVENT GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY:

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TRAVEL BALL DEPOT AND (AS APPLICABLE) TRAVEL BALL DEPOT’S PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THE SITE, THE APP OR ANY TRAVEL BALL DEPOT’S SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. TRAVEL BALL DEPOT RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH TRAVEL BALL DEPOT IN ASSERTING ANY AVAILABLE DEFENSES.

No Guarantee: Travel Ball Depot does not guarantee continuous, uninterrupted access to the Service. Operation of the Service may be interfered with by numerous factors outside Travel Ball Depot’s control. You understand and agree that temporary interruptions of the site may occur as normal events that are out of Travel Ball Depot’s control. You also understand and agree that Travel Ball Depot has no control over the third-party networks or service(s) that Travel Ball Depot may use to provide the Site, the App and/or Travel Ball Depot’s Services to you. You agree that the Service is provided AS IS and that Travel Ball Depot assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Legal Compliance; Taxes: Your use of the Service is subject to all applicable laws and regulations. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Service (excluding any taxes on Travel Ball Depot’s net income).

Confidentiality

Content and Communications With Travel Ball Depot Treated as Non-Confidential: All information and communications sent by you to Travel Ball Depot will be treated as non-confidential and non-proprietary (subject to Travel Ball Depot’s Privacy Policy). Please do not submit confidential or proprietary information to Travel Ball Depot (including patentable ideas, new content suggestions or business proposals) unless you and Travel Ball Depot have mutually agreed in writing otherwise. Idea’s and information that Travel Ball Depot receives unsolicited will be treated as property owned by Travel Ball Depot and will not be returned to you.

Compliance With Law Enforcement and Other Investigative Agencies: Travel Ball Depot does not routinely inspect or disclose any information or communications received from its users. However, Travel Ball Depot makes every effort to comply with law enforcement officials or other investigative agencies to prevent crime and/or the sale of stolen goods or products on the Service. Travel Ball Depot reserves the right to inspect or disclose to any third party and for any reason whatsoever any information provided by you to Travel Ball Depot, including but not limited to, compliance with the Electronic Communications Privacy Act, 18 U.S.C. ¤ 2510, et seq. or as otherwise required by law or by court or governmental order.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and Travel Ball Depot are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Modification or Termination of Travel Ball Depot’s Services: Travel Ball Depot reserves the right to modify or terminate any Travel Ball Depot Service for any reason, without notice to you, at any time. Travel Ball Depot reserves the right to alter these Terms of Use or other Service policies at any time without notice to you, so please review the policies frequently. If Travel Ball Depot makes a material change to this Agreement, Travel Ball Depot will attempt to notify you here, by email, by means of a notice on Travel Ball depot’s home page, or other place(s) Travel Ball Depot deems appropriate. What constitutes a "material change" will be determined at Travel Ball Depot’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law: This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Alabama, excluding its conflicts of laws rules, and the United States of America.

Notices: Except as explicitly stated otherwise, any notices to Travel Ball Depot shall be given by postal mail to Travel Ball Depot, LLC, 821 Temple Avenue South, Fayette, AL 35555. Notice shall be deemed given upon receipt by Travel Ball Depot. For issues with intellectual property, you must provide notice as specified in Travel Ball Depot’s Copyright and Intellectual Property Policy.

Except as explicitly stated otherwise, any notices shall be given by Travel Ball Depot to you at the email address you provided to Travel Ball Depot either during the registration process or when your email address changes. Notice shall be deemed given 24 hours after the email is sent. Alternatively, Travel Ball Depot may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Travel Ball Depot. In such case, notice shall be deemed given three days after the date of mailing.

Disclosures: The services hereunder are offered by Travel Ball Depot, LLC, 821 Temple Avenue South, Fayette, AL 35555.

Entire Agreement: This Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations, discussions, proposals, understandings, Terms of Use, and the like respecting the subject matter hereof.