BFO
Terms

User Agreement

READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SITE! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

Introduction

Welcome to a Bowling Factory Outlet (“Bowling Factory Outlet,” “Bowling Factory Outlet”, “us” or “we”) web site (“Site”). By using or shopping on the Site, you agree to this User Agreement (“Agreement”). If you do not agree to this Agreement, do not use the Site. We may revise this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such changes.

Providers

We use third parties to operate the Site, collect information, conduct marketing and research, and perform other services for us. We refer to those third parties collectively in this Agreement as our “Providers.”

Privacy

Any information that you submit to us or our Providers or that we or our Providers collect through the Site is subject to the Site’s Privacy Policy, the terms of which are incorporated into this Agreement.

Eligibility for Use

You must be at least eighteen (18) years old to use or shop on the Site.

User Communications

Other than personally identifiable information, which is subject to the Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We may, without notice, compensation or acknowledging you, use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Your Conduct

Your use of the Site will fully comply with all applicable laws, rules and regulations and this Agreement. The following requirements and other provisions of this Agreement will not limit the generality of this requirement.

If you choose to provide us with information about yourself, it will be true and up-to-date.

You will not impersonate any other person while using the Site.

You will not upload, post, email or otherwise send to us, to the Site or to any other person via the Site, any material that:

Contains viruses, bugs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity; or is abusive, illegal, libelous, defamatory, obscene, threatening or otherwise unacceptable to us, in our sole discretion.

We reserve the right to block or remove communications or materials that we determine, in our discretion, to be inappropriate, unacceptable or in violation of this Agreement. By submitting material to the Site, you grant us the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote the material in any medium. Once you submit material, we do not need to give you any further right to inspect or approve uses of such material or to compensate you for any such uses. We own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating material posted on the Site.

Product Descriptions and Displays; Returns

We and our Providers attempt to ensure that product descriptions and images on the Site are as accurate as possible. However, we and our Providers do not warrant that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. Moreover, we and our Providers cannot guarantee that the color you see matches the product color, because how the color appears on your screen depends, in part, upon the screen you are using. If a product offered for sale on the Site is not as described, your sole remedy is to return it in accordance with our online Return Policy, which is made a part of this Agreement.

Pricing and Errors

Prices and availability of products are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. If after you place an order online, we determine that the product’s correct price is higher than the stated price, we may, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Order Acceptance and Limitations

Please note that there may be certain orders that we are unable to accept and must cancel. For example, there may be limitations on quantities available for purchase, or inaccuracies or errors in product or pricing information. Moreover, we reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per bowling center or per order. These restrictions may be applicable to orders placed by the same account, the same payment method, and also to orders that use the same billing and/or shipping address. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. You will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (however, if you pay with a debit card, a hold in an amount equal to the total purchase price will be placed on your account).

Risk of Loss and Title

When you place an order from the Site, it will be shipped to an address designated by you (as long as that shipping address is compliant with any shipping restrictions contained on the Site). All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Intellectual Property

The entire content of the Site, including but not limited to, text, graphics and code, is our property and is protected under applicable copyrights, patents and other proprietary and/or intellectual property rights. Certain code on our bowlingfactoryoutlet.com website is Copyright 2009, Bowling Factory Outlet or its affiliates and suppliers. All other content is Copyright 2009, Bowling Factory Outlet, and/or their affiliates. ALL RIGHTS RESERVED. We grant you permission to print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change the content that we provide on the Site or change or delete any proprietary notices from downloaded or printed materials. You do not acquire ownership rights in any downloaded materials or software as a result of any such downloading or copying. Any other use of the Site and/or its content is strictly prohibited, unless expressly permitted by us on the Site or authorized by us in writing.

Trademarks

All trademarks, service marks and trade names of Bowling Factory Outlet used on the Site, including but not limited to Bowling Factory Outlet, Bowling Factory Outlet, are trademarks or registered trademarks of Bowling Factory Outlet or their respective owners in the U.S. and/or other countries. They may not be used without our prior express written permission. Other product and company names mentioned on the Site are the property of their respective owners, who may not be affiliated with, connected to or endorsed by us.

Third-Party Claims; Indemnification

You agree that you are responsible for your actions and behavior in connection with the Site. We and our Providers shall not be liable for claims made against you, us or our Providers arising out of your use of the Site, and you hereby agree to indemnify, defend and hold us and our owners, shareholders, directors, officers, employees, subsidiaries, affiliates, agents and Providers harmless from and against any claim or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of the Site, the use of the Site by any other person who accesses it using your account information or your violation of this Agreement.

Your Account Information

It is your responsibility to maintain the confidentiality of your Site account information, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account or any other actual or suspected breach of Site security.

Warranty Disclaimer & Liability Limit

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE PRESENT THE SITE “AS IS” AND “AS AVAILABLE” AND WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY IN CONNECTION WITH THE SITE AND YOUR USE OF IT. WE AND OUR PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE AND OUR PROVIDERS MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

PRODUCT INFORMATION ON THE SITE IS OBTAINED FROM VARIOUS SOURCES, INCLUDING DESCRIPTIONS MADE AVAILABLE BY EACH PRODUCT’S MANUFACTURER. WE AND OUR PROVIDERS ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.

We and our Providers assume no liability or responsibility to you for any errors or omissions on the Site; any failures, delays or interruptions in the Site’s accessibility; any losses or damages arising from the use of the Site; any conduct by other users of the Site; or unauthorized access to or use of our Site or servers. We reserve the right to deliver the Site in our sole discretion. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR PROVIDERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability and our Providers’ liability shall be limited to the maximum extent permitted by applicable law.

Securities Laws

The Site may include statements concerning Bowling Factory Outlet’s operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site, and the information contained herein, does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Information About Us; Press Releases

The Site contains information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information and news articles not drafted by us and information about companies or individuals other than Bowling Factory Outlet contained in the press releases or otherwise should not be relied upon as being provided or endorsed by us.

Termination; Modification

We reserve the right in our sole discretion to terminate or restrict your use of the Site membership, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, we reserve the right in our sole discretion to terminate or modify any Site feature or offering, including, without limitation, the Bowling Factory Outlet eNews program, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.

Electronic Notices

By using the Site, you agree to receive electronic communications from us and/or our Providers. You agree that any notice, agreement, disclosure or other communication that we or our Providers send you electronically (whether or not you actually receive such communication) will satisfy any legal communication requirements, including that such communications be in writing.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or your use of the Site.

Linking to the Site

Creating or maintaining any link from another site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

Links to Other Websites

The Site may contain links to third-party websites, which are provided for your convenience only. We have no control over these linked sites, all of which have their own user agreements, privacy policies and data collection practices. You access them at your own risk. Inclusion of any linked third-party website on the Site does not imply our approval or endorsement of the site.

Copyrights and Copyright Notices

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been used on the Site in a way that constitutes copyright infringement, please provide us with all of the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrightinterest;
  • A description of the copyrighted work that you claim has beeninfringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work;
  • A description of the material that you claim to be infringing, as well as its location on theSite;
  • Your name, address, telephone number, and emailaddress;
  • A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law;and
  • 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’sbehalf.

Notices must be sent to:
Bowling Factory Outlet 5860 West 108th Ave., Westminster, CO 80020

Miscellaneous

Headings are for reference purposes only and in no way define or limit the scope of such provision. If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall be enforced. This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of that or any other provision.

Contact Us

If you have any questions about this Agreement, please click “Contact Us” on the Site, or contact us via e-mail at info@bowlingfactoryoutlet.com or regular mail at:

Bowling Factory Outlet
Attn: Customer Service
5860 W. 108th Ave.
Westminster, CO 80020

 

This Agreement is effective beginning on May 1st, 2009.