Disclaimers of Warranties

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1. BADGER KINGS RUGBY, LLC (THE “COMPANY”) CANNOT AND DOES NOT REPRESENT THAT ITS WEBSITE (THE “SITE”) OR ITS SERVER WILL BE ERRORFREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED USE OR ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), OR OTHERWISE MEET YOUR REQUIREMENTS.

 

2. NO WARRANTIES OR REPRESENTATIONS.

 

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY BADGER KINGS RUGBY, LLC (THE “COMPANY,” “WE,” “OUR,” OR “US” AS THE CONTENT DICTATES) ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM US TO YOU ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, PRODUCTS SOLD HEREON, AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

CERTAIN PROVIDERS OR MANUFACTURERS OR PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH MANFACTURER’S PRODUCT WARRANTIES. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC QUESTION ABOUT A PRODUCT OR DEFECTIVE PRODUCT. YOUR SOLE REMEDY FOR DEFECTIVE PRODUCT IS THE MANUFACTURER’S WARRANTY, IF ANY, TO THE FULLEST EXTENT OF THE LAW.

 

On the Site, we may display marks, names, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such thirdparty sites, advertisements, or pop-up texts, you do so entirely at your own risk.

 

3. JURISDICTIONAL ISSUES

 

This Site is controlled and operated by the Company from the United States of America and is not intended to subject the Company to the law or jurisdictions any foreign state, province, country, territory other than that of the United States. Products sold on this Site are intended to be solely to purchasers in the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any other jurisdiction other than the United States. In choosing to access this Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable local laws, rules and regulations, as well as any state and federal laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. We may alter the terms and conditions of this Disclaimer of Warranties at any time in our sole discretion.

 

4. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT OR STRICT LIABILITY THEORY, EVEN IF WE HAVE BEEN ADVISED, OF OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT, OR THE WEBSITE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY, WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE COMPANY, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, OR ASSIGNS SHALL OT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR YOU INABILITY TO USE THIS SITE, OR ANY MATERIALS AND CONTENTS THEREIN, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR GROSS NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

 

EACH PROVISION OF THE TERMS AND CONDITIONS THAT PROVIDE FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENTS BETWEEN YOU AND THE COMPANY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

 

5. INDEMNIFICATION AND DEFENSE

 

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless the Company, its affiliates, respective employees, officers, agents, representatives, assigns, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including without limitation necessary attorneys’ fees, costs, expenses and expert witness fees and other expenses) (each a “Claim”) arising out of or otherwise relating to Claims alleging facts that, if true, would constitute a breach by you of the Terms and Conditions of this Site or any User Content submitted by you. Further, as a condition of the use of the Site, you agree to defend, indemnify, and hold harmless the Company, its affiliates, employees, officers, directors, agents, representatives and assigns from any Claim arising out of or related to the Products, whether such Claim is made by you or a third party, whether in tort or contract, strict liability, statutory or other liability, including product liability, personal injury or harm, defect in the Products sold, or death. THE COMPANY DISCLAIM ALL WARRANTIES FOR THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, TRADE USAGE, THE COURSE OF PERFORMANCE, PERSONAL INJURY, ILLNESS OR HARM OR DEATH OR ANY OTHER DAMAGES, CLAIM OR LOSS. As a condition of using this Site, you are subject to the Website Terms of Use and Terms of Online Sales, as well as the Company’s other policies related to Privacy and Copyright. You shall indemnify, defend, and hold harmless the Company, its affiliates, respective employees, directors, officers, agents, representatives and assigns from any Claims hereunder.

 

6. NOTICES AND ELECTRONIC COMMUNICATIONS

 

Except as explicitly stated otherwise, any notices you sent to the Company, shall be sent to badgerkingsrc@gmail.com. In the case of notices we send to you, you consent to receive notices and other communications by the Company via the Site or your email or other contact information you provide us, or mailing a notice to you at your billing and/or shipping address provided by you. You agree that all agreements, notices, disclosures, and other communications that we provide you in accordance with this section satisfy any legal requirements that such communications be in writing. Notice shall be deemed received (i) 24 hours after the notice is posted on this Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, 5 days after depositing in the U.S. mail. You agree that a printable version of these Disclaimers of Warranties and/or any notice given in electronic form shall be admissible in any judicial, agency or arbitration proceedings based upon or related to the Website Terms of Use and Terms of Online Sales, or in this Disclaimer of Warranties posted on this Site to the same extent and subject to the same conditions as other business documents and records originally generated or maintained in print form.

 

7. NOTICE FOR CALIFORNIA RESIDENTS

 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to badgerkingsrc@gmail.com. You also may contact us by writing to Badger Kings Rugby, LLC, 828 W. Glendale Avenue, Appleton, Wisconsin 54914.

 

8. MISCELLANEOUS

 

The Website Terms of Use, Terms of Online Sales, Privacy and Copyright Policies, and the Disclaimers of Warranties found on the Site constitute the entire agreement between you and the Company with respect to the Site and its Products and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site or Products sold on the Site. No provision herein shall be waived by the Company except pursuant to a writing executed by the Company. No failure to exercise, partially exercise, or delay in exercising any right or remedy hereunder or under the Website Terms of Use, Terms of Online Sales and other policies and procedures incorporated therein shall operate as a waiver or estoppel of any right, remedy or condition. If any provision herein is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any rights or obligations hereunder without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes of any nature beyond our control. Any disputer hereunder is subject to the Arbitration provisions in the Website Terms of Use or any other document incorporated therein.