Terms & Conditions
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use ("Terms of Use") apply to “www.hamrbats.com, www.hamrsports and others”, (collectively, “the Website(s)”) operated by Heritage American Manufacturing & Research Corp., hereinafter (“HAMR Corp." website(s) and/or company(s)”). Please read these Terms of Use carefully before using the Website(s). By accessing the Website(s) you consent to these Terms of Use and other applicable law(s). Please do not use the Website(s) if you do not agree with these Terms of Use. HAMR Corp. reserves the right to alter or modify these Terms of Use at any time. You agree to periodically review the Terms of Use of this Website and agree that your continued use of the Website constitutes your consent to the latest/modified Terms of Use.
Intellectual Property
- Copyright -
All Content in the Website(s) is owned by HAMR Corp. (“Content”) includes, but is not limited to all text, graphics or code herein. Content is copyrighted as a collective work under copyright laws of the United States and other applicable copyright laws. Subject to the limitation and restrictions stated herein, you may view, play, print and download content, including audio and video content, for personal and non-commercial use only, or to place an order with HAMR Corp. for the purchase of HAMR Corp. products. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by HAMR Corp.
Trademarks
All trademarks, service marks and trade names of HAMR Corp. used herein (including, but not limited to the HAMR Corp. name, the HAMR Corp. “logo”, the HAMR Corp. “script”, the HAMR Bats name, the HAMR Bats “logo”, the HAMR Bats “script”, the FURY Bats name, the FURY Bats “logo”, the FURY Bats “script”, the CagedFURY name, the CagedFURY "logo", the CagedFURY "script ", the FALCON Bats name, the FALCON Bats "logo", the FALCON Bats "script", the BRAWLER Self Defense name, the BRAWLER Self Defense "logo", The BRAWLER Self Defense "script", the THUMPRITE name, the THUMPRITE "logo", the THUMPRITE "script", are trademark(s), trademarked or registered trademarks of Heritage American Manufacturing & Research Corp. and under no circumstance(s) may be used without the express written permission of Heritage American Manufacturing & Research Corp. All other intellectual property in the Website(s), including, but not limited to patent(s), issued or pending, is the sole property of Heritage American Manufacturing & Research Corp. and/or it’s licensor(s).
Privacy
HAMR Corp. takes the privacy of the users’ of its Website(s) seriously and is committed to its safeguarding. Privacy terms in connection to the Website(s) are described in our Privacy Policy.
Product Orders
HAMR Corp. reserves the right to change the descriptions, specifications, and prices of the products offered on the Website(s) without notice and at any time. HAMR Corp. does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times. Products may not be available for delivery to your country of residence.
Products ordered through the Website(s) are subject to acceptance by HAMR Corp. at its sole discretion. HAMR Corp. may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by HAMR Corp., HAMR Corp. shall issue a credit to such credit card account.
Risk of Loss
Risk of loss and title for all products purchased from HAMR Corp. will pass to you upon HAMR Corp.’s delivery of such products to its shipping carrier.
Links to Third Parties
For your convenience, links to Website(s) owned by third parties may be provided on the Website(s) from time to time. These links take you outside HAMR Corp.’s service and off the Website(s). This includes links to partners that may use HAMR Corp.'s logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although HAMR Corp. seeks to protect the integrity of its Website(s), HAMR Corp. is not responsible and cannot be held liable for the content and activities of such other sites. You therefore visit/access these sites entirely at your own risk. Please note that such other Website(s) may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Website(s) prior to using them.
User Generated Content
HAMR Corp. does not, and you agree that HAMR Corp. has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website(s) (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Website(s)) (collectively, “User Generated Content”), that HAMR Corp. is not in any manner responsible for User Generated Content, that HAMR Corp. does not guarantee the accuracy, integrity or quality of User Generated Content, and that HAMR Corp. cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website(s). You acknowledge that by providing you with the ability to access and view User Generated Content on the Website(s), HAMR Corp. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any/all User Generated Content are not necessarily those of HAMR Corp.or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that HAMR Corp. has the absolute right to monitor User Generated Content posted to the Website(s) in its sole discretion. In addition, HAMR Corp. reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify HAMR Corp. in writing of any objectionable content appearing on the Website(s). HAMR Corp. will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on the Website(s), including, without limitation, User Generated Content will be at your ("viewer(s)", "user(s)", "accessor(s)", "poster(s)", "generator(s)") own risk.
You ("viewer(s)", "user(s)", "accessor(s)", "poster(s)", "generator(s)") may not post or otherwise distribute content to the Website(s) which HAMR Corp., in its sole discretion, determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of HAMR Corp. or another party, illegal, or otherwise objectionable to HAMR Corp. You may not upload commercial content on the Website(s) or use the Website(s) to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website(s).
Use of Information Submitted
You ("viewer(s)", "user(s)", "accessor(s)", "poster(s)", "generator(s)") agree that HAMR Corp. is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Website(s), or created by you while accessing the Website(s) (including, without limitation, any designs or other materials created or submitted by you on the Website(s)), or contained in any communication you may send to HAMR Corp. or submit to the Website(s) without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website(s) or other products or services.
Additional Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website(s), including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website(s) or for any service offered on or through the Website(s), the latter terms shall control with respect to your use of that portion of the Website(s) or the specific service.
Disclaimer of Warranties
THE WEBSITE(S) AND ANY INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITE(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HAMR Corp. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HAMR Corp. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE(S) WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE(S) OR THE SERVER THAT MAKES THE WEBSITE(S) AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAMR Corp. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITE(S) IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
HAMR Corp. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE(S). YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITE(S) AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HAMR Corp. FOR DISSATISFACTION WITH THE WEBSITE(S) OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
HAMR Corp. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE(S) OR ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. HAMR Corp. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITE(S), EVEN IF THERE IS NEGLIGENCE BY HAMR Corp. OR IF AN AUTHORIZED REPRESENTATIVE OF HAMR Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. HAMR Corp. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE(S).
Exclusion(s) and Limitation(s)
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Indemnification
You agree to indemnify, defend, and hold harmless HAMR Corp., its officer(s), director(s), employee(s), licensor(s) and supplier(s) from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of the Website(s).
Miscellaneous
Your use of the Website(s) shall be governed by the laws of the State of West Virginia, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website(s) (including, but not limited to the purchase of HAMR Corp. products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Berkeley County, West Virginia. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of HAMR Corp. products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website(s), you agree to receive electronic communications from HAMR Corp. You agree that any notice, agreement, disclosure or other communication that HAMR Corp. sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. HAMR Corp.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HAMR Corp. may assign its rights and duties under this Agreement to any party at any time without notice to you.
SITE OPERATION
The Website(s) are operated by HAMR Corp. a company formed in the State of West Virginia, USA and was founded by a Service Conected-Disabled Army Veteran.
Previously Updated - 04 NOV 2022; Last Update 15 MAR 2023