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Balboa Direct Terms & Conditions
|Last Updated: 03/01/12
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE REGISTERING OR ORDERING PRODUCTS WITH BALBOA DIRECT. YOU WILL BE REQUIRED TO AGREE TO THESE TERMS & CONDITIONS PRIOR TO PLACING ANY ORDER WITH BALBOA DIRECT VIA OUR ONLINE WEBSITE. THE TERMS & CONDITIONS WILL BE PERIODICALLY UPDATED AND THE DATE IN WHICH THEY ARE UPDATED WILL BE REPRESENTED ABOVE. REGISTRATION OR PURCHASING AT THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER OR PURCHASE WITH THIS WEBSITE.
TERMS AND CONDITIONS OF SALE
Modification to Terms and Conditions:
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Sites. If you violate these Terms and Conditions, we may terminate your use of the Sites, bar you from future use of the Sites, and/or take appropriate legal action against you.
You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Restrictions On Use Of Content:
Trademarks and Service Marks:
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, Balboa is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Balboa's or any third party's intellectual property rights.
BALBOA WATER GROUP and the Stylized Balboa Logo are registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. ©Balboa Water Group. 2012.
Marks owned by third parties include but are not limited to the following:
Acrobat® and Acrobat Reader® are registered trademarks of Adobe Systems Incorporated.
No Balboa trademark or service mark may be used as a hyperlink without Balboa's prior written permission.
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Balboa Water in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact our CUSTOMER SERVICE.
Unless we allow "guest" purchases, you will need to establish an account with us to use certain features of the Sites (e.g., to order products from the Sites). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of BalboaDirect.com, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us our CUSTOMER SERVICE of any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that BalboaDirect.com in its sole discretion deems offensive; and (iv) you are not a competitor of BalboaDirect.com, or an agent thereof.
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products through any of our Sites.
While we may have provided product information either over the telephone or via email, you agree that it is your sole responsible for the proper configuration of and appropriate selection of products for your use.
Prices & Product Availability:
All prices listed on the Sites are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
The availability of products and other items on each of the Sites may change at any time, without notice.
All "Clearance Items" are sold on Balboa Direct on an "as-is" and "as available" basis without representations, guarantees, or warranty (including fitness for any particular purpose) of any kind, to the fullest extent as permitted by law. There are no returns on clearance items. No exceptions.
Special "Offers" or "Discounts":
From time to time we may offer special offers or discounts to our customers through the Balboa Direct website, Facebook, Twitter, e-mail, U.S. Mail, or other means. These discounts are offered "as-is" and we may, in our sole and absolute discretion, cancel, change, suspend or modify any aspect of the Offer/Discount at any time, including the availability of any Offer/Discount, without notice. We may, in our sole and absolute discretion, terminate or suspend any customer's participation in any Offer/Discount for breach of these Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions. Any decision we make relating to termination or suspension of any customer's participation in the Offer/Discount shall be final and binding in all respects.
Any Offer/Discount shall only be valid for the time period specified in the Offer/Discount and is subject only to the product or products in which the offer specifies. Unless otherwise listed or noted, Offers/Discounts are not subject to use in conjunction with any other Offer/Discount currently being offered. It is the responsibility of the customer to use the Offer/Discount at the time of purchase. If a customer fails to use the Offer/Discount during the time of purchase, the Offer/Discount will NOT be credited to the customer subsequent to the purchase. There will be NO EXCEPTIONS.
Offers/Discounts may include additional limitations such as limitations on usage or requirements for purchasing other products in conjunction with the customer purchase. We reserve the right to substitute any product or service being offered as complimentary or free within the scope of the Offer/Discount. Any Offer/Discount that does not place a usage limitation is limited to one use per customer, organization, or entity.
Order Acceptance Policy:
Your receipt of an electronic or other form of order confirmation 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 your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
You must provide a valid email address for purposes of providing a receipt for confirming an order for the purchase of products was received and for providing a detailed description and price for the product purchased. If a valid email address is not provided, a written notice will be attempted to be mailed to the address provided for delivery of the products. In no case, you agree that the non-receipt of a notice does not constitute the acceptance of an order by BalboaDirect.com.
Order Cancellation Policy:
BalbaoDirect.com does not allow orders to be edited or cancelled after acceptance of the order pursuant to our Order Acceptance Policy described above. Any termination of the order after such time is considered a cancelled order, whether or not the product has shipped and is subject to a 25% cancellation fee.
Should you refuse the delivery of products or otherwise be unavailable to accept delivery of the products, resulting in a returned shipment to BalboaDirect.com, you will be charged a 25% cancellation fee. Any damage to the product, missing parts, manuals shipping material, will be deducted from the refund in addition to the cancellation fee. The minimum cancellation fee will be $15.00.
For each product or service you order on any of the Sites, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. BalboaDirect.com will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. 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 will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Credit Card Authorizations:
By providing personal demographics, billing and credit card information, you warrant to BalboaDirect.com that you are the individual named on the Credit Card and that you have authorization to use Credit Card for the purchases of products and authorize BalboaDirect.com to charge credit card for the amount shown on the screen at the time of sale.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges, on orders shipped to any other state or on orders shipped outside the United States.
We shall automatically charge and withhold the applicable taxes based on your shipment address. For international shipments, you agree to pay any additional fees charged by the government such as VAT, duty or other taxes or fees. Tax will be collected for purchases made from a Buyer who has a billing or shipping address within the states of California.
Shipping and Delivery:
BalboaDirect.com, uses UPS as our delivery service provider, and will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery.
All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
You should inspect the products immediately upon receipt and shall notify us in writing to obtain a Return Merchandise Authorization (RMA) within five (5) calendar days of receipt if the product is damaged.
Professionally Installed Products:
Products sold by BalboDirect.com are intended for installation by licensed professionals only. Improper use or installation could result in injury or death.
Your local electrical and building codes may have specialized requirements for the installation and use of the product. You should check with your local authority to ensure you obtain all required permits, pay building fees and conduct inspections as may be required prior to use.
You should ensure that your installer follows the National Electric Code and that you are protected with an external spa side shut-off that has an external Ground Fault Circuit Interrupter (GFCI) installed. Check with your contractor or electrician licensed in your state prior to use.
As a safety precaution, you should always check all your components are in proper working condition prior to use including, the Ground Fault Circuit Interrupter, plumbing, electrical and safety devices as well as the temperature of water and testing the water for leaks of voltage into the water.
Guarantee and Disclaimers:
WITH RESPECT TO ANY OF OUR GUARANTEES, OUR SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE, IN OUR DISCRETION, TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS SOON AS REASONABLY POSSIBLE.
THE APPLICABLE CLAIM MUST BE BROUGHT WITHIN FOURTEEN (14) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.
NOTWITHSTANDING THE FOREGOING, ANY PRODUCT IS NOT ELIGIBLE FOR EXCHANGE OR REFUND UNLESS THEY ARE DELIVERED DAMAGED.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, OUR SITES (INCLUDING OUR SITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITES (INCLUDING OUR SITE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITES (OR SITE CONTENT OR SERVICES) WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR SITES (OR SITE CONTENT) WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT FOR THE LIMITED GUARANTEE PROVIDED ABOVE IN THIS SECTION, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITES (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ACCURACY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction. If applicable law requires any warranties with respect to the products or services, all such warranties are limited to the duration of the applicable express guarantee above.
Limitation of Liability:
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, BALBOADIRECT.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO BALBOADIRECT.COM FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO BALBOADIRECT.COM IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
LIMITED PRODUCT WARRANTY:
Subject to the limitations set forth below, BalboaDirect.com warrants that its products will be free of defects in material and workmanship under normal use.
BalboaDirect.com warrants that the products received will reasonably correspond to the description and photographs shown by the Sites. Products are not warranted to be fit for a particular purpose or use.
LIMITATION OF WARRANTIES:
BALBOADIRECT.COM’S SOLE RESPONSIBILITY FOR DEFECTS IN MATERIALS AND WORKMANSHIP IS STRICTLY LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. BALBOADIRECT.COM EXPRESSLY DISCLAIMS AND EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL LIABILITIES TO THIRD PARTIES. In no event shall BalboaDirect.com, be liable to purchaser for any amounts in excess of the purchase price paid for the individual product which is the subject of the cause of action.
If a product proves to be defective in material or workmanship during the warranty period then BalboaDirect.com, at its sole option, either repair or replace the product with like product. You will have to pay for all disassembly, removal, refitting and installation costs. Replacement product may include remanufactured or refurbished parts or components. Replacement product may include an appropriate substitute product. All warranty claims must be applied for within sixty-days (60) from when the defect becomes known.
All products purchased on the Sites carry a 90 day warranty period from the date of delivery.
This warranty does not extend to and is void for any products that have been subjected to: Improper installation or storage; Improper maintenance; Repairs or alterations not authorized or performed by BalboaDirect.com; Accident, damage, abuse, misuse or problems with electrical power; Abnormal or unusual operating conditions or applications; Use not in accordance with product instructions for intended purposes, or use beyond rated capacity, or use in non-residential applications or multi-tenant residential common area applications of more than eight units; A purpose or application in any way different from that for which products were designed; Color variations within a product line or material are common within the industry. BalboaDireect.com does not warrant any product returned due to mismatching of a color to a particular line or material for which the color was selected.
Basis of Bargain:
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN BALBOADIRECT.COM AND YOU. BALBOADIRECT.COM WOULD NOT BE ABLE TO PROVIDE THE SITES (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF BALBOADIRECT.COM’S SUPPLIERS.
Product Information Advice Liability:
Without a specific written agreement to the contrary, any product information, technical advice or other informational assistance furnished by BalboaDirect.com relating in any manner to the products will be accepted at the your sole risk. BalboaDirect.com has no obligation to provide any information or assistance prior to receipt of the full purchase price from you for the products.
In no event shall the liability of the company for losses incurred as a result of incorrect information or advice exceed the obligation to repair or replace the product in question with like product, and in no event shall BalboaDirect.com be liable for any amounts in excess of the purchase price paid for the individual product which is the subject of the cause of action. The liability for any losses incurred as a result of errors in information or advice shall lapse no later than one (1) year after the product has been delivered to you.
Outside The United States:
We make no representations that the Site Content is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using any one of our Sites, you agree to indemnify and hold BalboaDirect.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.
Unforeseen Circumstances (FORCE MAJEURE):
BalboaDirect.com shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of its obligations.
Performance, shipment and/or delivery shall be deemed to be suspended for so long as performance of the same is delayed due to causes beyond the company’s reasonable control, and the you agree to accept deliveries whenever such causes have been remedied in accordance with the terms of the "Shipping and Delivery" section above.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
By making a purchase on BalboaDirect.com, you accept these terms and conditions as applicable therein. These terms and conditions shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws of the State of California, U.S.A. applicable to agreements made and to be performed wholly within the State of California, U.S.A., including without limitation the California Uniform Commercial Code and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. Forum and Jurisdiction:
You agree that any claim or dispute you have or may bring against BalboaDirect.com must be resolved by an appropriate federal or state court located in the County of Orange, California, U.S.A. You agree to submit to the personal jurisdiction of the courts located in the County of Orange, California, U.S.A. for the purpose of litigating any claim or dispute you have with or bring against BalboaDirect.com. These terms and conditions are binding upon all parties hereto and their respective heirs, executors, successors and permitted assigns, as the case may be.
Notwithstanding the foregoing, to the extent BalboaDirect.com believes that you have in any manner violated (or you threaten to violate) Balboa Water Group’s intellectual property rights, you agree that Balboa Water Group is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
Other General Provisions:
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term "including" means "including without limitation". Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.
You agree not to make or authorize any news release, advertisement or other disclosure which directly or indirectly identifies BalboaDirect.com as the source of products without our prior written consent of in each instance.
Permitted Use and Restrictions:
You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the Sites for your own personal use.
We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of each of our Sites. If you download, print, or retain a copy of pages of the Sites, you may not remove these notices or credits or any additional information accompanying such notices and credits.
Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Sites (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the Sites (including the Site Content) to build similar or competing Sites. You may not disassemble, reverse compile or reverse engineer any software contained on the Sites. If you wish to obtain permission to reprint or reproduce any Site Content you may contact our CUSTOMER SERVICE DEPARTMENT. We reserve the right to modify, suspend, or discontinue the Sites or any part thereof without notice to you. Any updates to the Sites shall be subject to these Terms and Conditions.
User Content from other Users, Links, Search Results, Advertising and Third-Party Sellers:
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Violation of the Terms and Conditions:
By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our Sites and to any services offered on our Sites, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of BalboaDirect.com or another user. We will have no liability to you for any deletion of your User Content.
License Granted by You:
Acceptable Use Policy:
You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the Sites 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 Sites or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Sites; or (g) engage in any illegal activities.
If you are notifying BalboaDirect.com of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
We may terminate the privileges of any user who uses the Sites unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
DMCA Requests can be made by CLICKING HERE
We welcome all comments, feedback, information, or materials regarding our Sites ("Feedback"), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of BalboaDirect.com. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.
Promotion's are for non-trade accounts only.