Terms & Conditions
Terms & Conditions
Welcome to the Bad Ass Tribe web site, which is located at http://www.badasstribe.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and Bad Ass Tribe (as defined below). These TOS describe your rights and responsibilities and what you can expect from the Bad Ass Tribe Service. Use of the Bad Ass Tribe Web Site constitutes acceptance of these TOS.
If you do not agree with any of these terms, do not access or otherwise use the Web Site or any information or materials contained on the Web Site. Your use of the Web Site shall be deemed to be your agreement to abide by each of the terms set forth below.
Bad Ass Tribe reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Bad Ass Tribe Web Site. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the Bad Ass Tribe Service. Your continued use of the Bad Ass Tribe Web Site following posting of a change notice or new TOS on the Bad Ass Tribe Web Site will constitute binding acceptance of the changes.
1. The Bad Ass Tribe Service
Bad Ass Tribe provides a number of Internet-based services through the Web Site (all such services, collectively, the "Bad Ass Tribe Service"). One such service enables users to purchase software, solutions, and training (collectively, "Products"). Users who wish to participate in the Bad Ass Tribe Affiliate Program must enter into the Affiliate Agreement. Bad Ass Tribe allows users to browse the Web Site and purchase Products. Bad Ass Tribe may offer a number of other services on its Web Site which may change from time to time.
2. Use of the Web Site and Bad Ass Tribe Service
2.1 Eligibility. Bad Ass Tribe will only knowingly provide the Bad Ass Tribe Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Bad Ass Tribe Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Bad Ass Tribe Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Bad Ass Tribe Service and the Web Site.
2.3 Your License to Use the Web Site and the Bad Ass Tribe Service.
(a) Bad Ass Tribe solely and exclusively owns all intellectual property and other rights, title and interest in and to the Bad Ass Tribe Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Bad Ass Tribe owns the trademarks Bad Ass Tribe, Bad Ass Tribe.COM; the copyrights in and to the Web Site, and certain technology used in providing the Bad Ass Tribe Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Bad Ass Tribe grants you a limited revocable license to access and use the Web Site and the Bad Ass Tribe Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Bad Ass Tribe; to compete with Bad Ass Tribe; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Bad Ass Tribe may revoke the license granted to you.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.
3. Hyperlinks to this Site
You are granted a limited, nonexclusive right to create a "hypertext" link to the Web Site provided that such link is to the entry page of this Web Site and does not portray Bad Ass Tribe or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Bad Ass Tribe trademark, logo or trade name or other proprietary information including the images found at the Web Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Bad Ass Tribe.
4. General Rules
4.1 Prohibited Use. You may only use the Bad Ass Tribe Service as expressly permitted by Bad Ass Tribe. You may not cause harm to the Web Site or the Bad Ass Tribe Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Bad Ass Tribe Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Bad Ass Tribe Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Bad Ass Tribe Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Bad Ass Tribe's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Bad Ass Tribe Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
4.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with Bad Ass Tribe's End User License Agreement (EULA). You also agree that Bad Ass Tribe Offers No Refunds on any Digital Product that has or has not been Downloaded.
4.4. Password Restricted Areas of the Site. Certain areas of the Web Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Bad Ass Tribe if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Bad Ass Tribe of any unauthorized use of your account or any other breach of security in relation to your password or the Web Site that is known to you.
5. Technical Support General Rules and License
5.1 Description. As part of the Bad Ass Tribe Service, Bad Ass Tribe offers a service (the "Technical Support Service") that allows you to submit and upload files, data, and other content (collectively, "Content") to the Web Site to receive support for Products.
5.2 Delivery of Content. You will upload or deliver to Bad Ass Tribe all Content that you want to use with the Technical Support Service in accordance with the applicable instructions on the Web Site. Bad Ass Tribe may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Technical Support Service.
6. Reservation of Rights
6.1 Monitoring. Bad Ass Tribe reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Bad Ass Tribe determines, in its sole and absolute discretion, that you or another Bad Ass Tribe user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Bad Ass Tribe may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
6.2 Modification of the Service. Bad Ass Tribe may modify the Bad Ass Tribe Service at any time with or without notice to you, and will incur no liability for doing so.
7. Forums Etiquette
Bad Ass Tribe asks that you respect the Bad Ass Tribe online community. Your conduct when posting information to the Bad Ass Tribe Web Site, including without limitation, through the Bad Ass Tribe forums, should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
(a) Offer for sale products or services.
(b) Disparage the products or services of any company or individual.
(c) Impersonate or represent Bad Ass Tribe, Bad Ass Tribe staff or other industry professionals.
(d) Link to content not allowed on the Web Site.
(e) Solicit a Bad Ass Tribe user's password or other account information.
(f) Harvest user information for any purpose.
(g) Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images.
(h) Harass, threaten, embarrass, or do anything else to anther user that is unwanted.
8.1 Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Bad Ass Tribe permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Bad Ass Tribe will have no obligation to keep any Submissions confidential. You will not bring a claim against Bad Ass Tribe based on "moral rights" or the likes arising from Bad Ass Tribe's use of a Submission. This Section does not apply to your Content that you use in connection with the Technical Support Service.
8.2 Submissions by Others. Bad Ass Tribe does not control the content posted by third parties via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Web Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Bad Ass Tribe be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted emailed, transmitted or otherwise made available via the Web Site by third parties.
9. Representations and Warranties
9.1 Mutual Representations and Warranties. You represent and warrant to Bad Ass Tribe and Bad Ass Tribe represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
9.2 By You. You represent and warrant to Bad Ass Tribe that, in your use of the Bad Ass Tribe Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Bad Ass Tribe that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Bad Ass Tribe will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Bad Ass Tribe incurs in providing the Bad Ass Tribe Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
10a. Disclaimers and Exclusions
10a.1 DISCLAIMER OF WARRANTIES. Bad Ass Tribe PROVIDES THE WEB SITE AND Bad Ass Tribe SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bad Ass Tribe DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, Bad Ass Tribe SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Bad Ass Tribe MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
10a.2 EXCLUSION OF DAMAGES. Bad Ass Tribe WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Bad Ass Tribe SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10b. Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT WILL Bad Ass Tribe'S LIABILITY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID TO Bad Ass Tribe BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS (£100).
You must indemnify and hold Bad Ass Tribe and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission. If you have to indemnify Bad Ass Tribe under this Section, Bad Ass Tribe will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Bad Ass Tribe's express written permission.
12.1 Termination. You agree that, under certain circumstances and without prior notice, Bad Ass Tribe may suspend or terminate your use of the Web Site or Bad Ass Tribe Service, including without limitation, if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. You acknowledge and agree that all suspensions and terminations shall be made in the sole discretion of Bad Ass Tribe and that Bad Ass Tribe shall not be liable to you or any other party for the termination of your access to the Web Site.
12.2 Survival. Notwithstanding Section 11.1 above, these TOS will survive indefinitely unless and until Bad Ass Tribe chooses to terminate them.
12.3 Effect of Termination. If you or Bad Ass Tribe terminates your use of the Web Site or the Bad Ass Tribe Service, Bad Ass Tribe may delete any Content or other materials relating to your use of the Bad Ass Tribe Service on Bad Ass Tribe's servers or otherwise in its possession and Bad Ass Tribe will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If Bad Ass Tribe provides notice to you, Bad Ass Tribe will use the contact information provided by you to Bad Ass Tribe. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
14. Dispute Resolution
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Bad Ass Tribe Service will be exclusively resolved under PayPal Terms and Conditions.
15. Notification of Claims of Infringement
Bad Ass Tribe respects the intellectual property of others, and we ask our users to do the same. Bad Ass Tribe may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@Bad Ass Tribe.com and provide Bad Ass Tribe's copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Web Site where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Bad Ass Tribe's agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Bad Ass Tribe. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Bad Ass Tribe are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.