BALLZY, INC. Terms and CONDITIONS

Updated 12-29-2023

THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF PRODUCTS FROM BALLZY, INC. (OR ANY AUTHORIZED RETAILERS) IN THE UNITED STATES AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOUR PURCHASE. PLEASE READ IT CAREFULLY. 

THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE OR PURCHASING ANY BALLZY PRODUCT THROUGH ANY OTHER AUTHORIZED CHANNEL, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR STATE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS AND/OR GOODS BY APPLICABLE LAW.

  1. These terms and conditions ("Terms") apply to your purchase and sale of products through Ballzycore.com (the "Website") or any authorized retailer. These Terms are subject to change by Ballzy, Inc. (the “Company” or as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that is available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes. By making any purchase, you also agree to all applicable terms and conditions in the following, which are incorporated by reference into these Terms. These Terms incorporate by reference all other Ballzy The following are available on the Website, and which may be amended from time to time:
  1. Waiver and Release. By purchasing this Product you acknowledge the medical advisories and risks as described in the Acknowledgement, Waiver and Release (https://ballzycore.com/pages/disclaimer) and fully agree to those terms and conditions.
  2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by emailing us at info@ballzycore.com.
  3. Prices and Payment Terms.
    • All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
    • Terms of payment are within the Company’s sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
    • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  4. Shipments; Delivery; Title and Risk of Loss.
    • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
    • Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  5. Returns and Refunds. The Company’s Refund Policy is available online at https://ballzycore.com/policies/refund-policy. The terms and conditions of the Refund Policy are incorporated by reference into these Terms.
  6. Limited Warranty. Ballzy products sold through the Website, or any authorized distributor retailer, are covered by a Limited 30-day Warranty covering manufacturing defects in materials and workmanship, available online at https://ballzycore.com/pages/warranty. The terms and conditions of the Warranty are incorporated by reference into these Terms.
  7. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Website for your own personal use only, and not for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
  8. Intellectual Property Use and Ownership. You acknowledge and agree that:
    • All uses on this Website of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on this Website is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product.
    • You will comply with all terms and conditions of the specific license agreement for any product you obtain through this Website, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products.
    • You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
    • BALLZY, INC. and its licensor(s), if any, are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products.
    • We are happy to receive your comments regarding our products and services, but we are unable to accept or consider any feedback, ideas, proposals or other creative input regarding actual or potential products, marketing or other business strategies. This Section 8(e) is used to prevent any potential disputes over the ownership, control or rights in any intellectual property claimed by you as a result of transmitting it to us. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Websites
  9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available on the Website (https://ballzycore.com/policies/privacy-policy), governs the processing of all personal data collected from you in connection with your purchase of products through the Website. We reserve the right to amend the Privacy Policy from time to time.
  10. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic or health emergencies; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns, supply chain interruptions, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the occurrence of any Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section 10, the either party may thereafter terminate this Agreement by providing written notice of that party’s intent to terminate.
  11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of Colorado).
  12. Dispute Resolution.

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION AGREEMENT  CAREFULLY.  IT INCLUDES A CLASS ACTION WAIVER YOU AND BALLZY, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, AND ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND THE COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF ANY PRODUCTS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.

  • Informal Resolution Procedure. By using the Website and purchasing any goods from the Company, you and the Company agree to work in good faith to resolve any disputes informally prior to, and as a condition prerequisite to, pursuing any further remedies described below. Should either you or the company have any dispute, the party asserting the dispute must provide written notice to the other party (by first class mail or email) at info@ballzycore.com. Please note that returns will need to be sent to the following address: Ballzy Inc. 775 Amethyst Drive, Steamboat Springs, CO 80487. The notice should describe the facts and circumstances of the dispute and including any supporting documentation, including sales records. The responding party shall have 30 days to respond in an effort to amicably resolve the dispute.
  • Arbitration Agreement. If the parties are unable to resolve the dispute through the Information Resolution Procedure described above, a dispute must be resolved through binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The designated arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by applicable law.

In lieu of arbitration, either party may instead decide to bring their claim in small claims court subject to the jurisdictional and damage limits as may apply.

  • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR NAME OF MANUFACTURER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this Section 12 relating to mandatory Arbitration is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
  2. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without the Company’s prior written consent, which may be withheld in the Company’s sole, subjective discretion. Any purported assignment or delegation in violation of this Section 4 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  3. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
  4. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  5. Notices. Any notice to the Company required under these Terms and Conditions shall be in writing and shall be transmitted by: (i) sending a message to the e-mail address you provide with your purchase; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
  6. Severability. If any provision of these Terms is found to be invalid, illegal, void or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  7. Entire Agreement. These Terms, along with your order confirmation, the Website Terms of Use, Ballzy Privacy Policy, Ballzy Refund Policy, the Limited Warranty, and the Acknowledgement, Waiver and Release will collectively be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
  8. Contact Information.

Questions about the Terms of Service should be sent to us at info@ballzycore.com.

Our mailing information is: Ballzy, Inc. 775 Amethyst Drive, Steamboat Springs, CO 80487

  1. Not Medical Advice. The content on this Website does not constitute medical advice and none of the products sold through the Website are intended to be used as any form of medical treatment. If you have any concerns about the safety or use of any Product, you should consult your doctor before beginning any exercise, training or athletic program. Ballzy, Inc. is not responsible for any medical or health problems that may result from your use of the Products. If you ever feel discomfort or pain, you should not continue.