Terms of Service

TERMS & CONDITIONS OF USE

These Terms and Conditions of Use ("Terms of Use") apply to “ www.slingerbag.com”, which is operated by Slinger Bag Americas Inc. (“Slinger Bag”) and any Slinger branded apps or other apps owned, operated or offered by any company in the Slinger Bag group of companies.

Please read these Terms of Use carefully before using our website (this “Website”) or any Slinger branded app or other apps owned, operated or offered by any company in the Slinger Bag group of companies (collectively, “Slinger Apps”). By accessing our Website or using any Slinger App, you consent to these Terms of Use and other applicable law and regulation. Please do not use our Website or Slinger Apps if you do not agree with these Terms of Use.

Slinger Bag reserves the right to alter or modify these Terms of Use at any time. You agree to periodically review the Terms of Use as posted on our Website or Slinger Apps and agree that your continued use of our Website or any Slinger App constitutes your consent to the latest modified Terms of Use.

These Terms of Use contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.

You are responsible for ensuring that your use of or participation in the activities of the Website or App do not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you.

SLINGER BAG IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE OR SLINGER APPS RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

INTELLECTUAL PROPERTY

All content in the Website and Slinger Apps is owned by Slinger Bag. “Content” includes, but is not limited to, all text, graphics or code herein. Content is copyrighted as a collective work under copyright laws of the United States and other applicable copyright laws. Subject to the limitation and restrictions stated herein, you may view, play, print and download content, including audio and video content, for personal and non-commercial use only, or to place an order with Slinger Bag for the purchase of Slinger Bag products and services. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by Slinger Bag or is a feature of any Slinger App.

TRADEMARKS

All trademarks, service marks and trade names of Slinger used herein (including, but not limited to the Slinger Bag name, the Slinger Bag “script”, are trademarks or registered trademarks of Slinger Bag and may not be used without the express written permission of Slinger Bag.

All other intellectual property in the Website and Slinger Apps, including, but not limited to patents, issued or pending, is the sole property of Slinger Bag and/or its licensors.

PRIVACY

Slinger Bag takes the privacy of the users of its Website, Slinger Apps and any other related services seriously and is committed to its safeguarding. Privacy terms in connection to the Website, Slinger Apps and other related services are described in our PRIVACY POLICY, which may be found here https://slingerbag.com/privacy-policy.

PRODUCT ORDERS

By placing an order for products on the Website, you agree to the TERMS OF SALE which terms are made a part of these Terms of Use by this reference. We attempt to ensure that product information on this Website is complete, accurate and current. Despite our efforts, information on this Website may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about descriptions, specifications, prices and availability without notice. Products may not be available for delivery to your country of residence.

Slinger Bag reserves the right to change the descriptions, specifications, and prices of the products offered on the Website without notice and at any time. Slinger Bag does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times.

Certain products may not be available for delivery to your country of residence.

Products ordered through the Website are subject to acceptance by Slinger Bag at its sole discretion. Slinger Bag may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party.

If a purchaser’s credit card has been charged for an order that is subsequently cancelled by Slinger Bag, Slinger Bag shall issue a credit to your credit card account.

RISK OF LOSS

Risk of loss and title for all products purchased from Slinger Bag will pass to you upon Slinger Bag’s delivery of such products to its shipping carrier.

LINKS TO THIRD PARTIES

For your convenience, links to websites owned by third parties may be provided on our Website and the Slinger Apps from time to time. These links may take you outside Slinger Bag’s service and off the Website. This includes links to partners that may use Slinger Bag logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although Slinger Bag seeks to protect the integrity of its Website and the Slinger Apps, Slinger Bag is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites or platforms entirely at your own risk.

Please note that these other websites and platforms may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites and platforms prior to using them.

USER GENERATED CONTENT

Slinger Bag does not, and you agree that (i) Slinger Bag has no obligation to, review the communications, materials, information, opinions and other content posted and/or submitted by users accessing the Website and Slinger Apps (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Website) (collectively, “User Generated Content”), (ii) Slinger Bag is not in any manner responsible for User Generated Content, (iii) Slinger Bag does not guarantee the accuracy, integrity or quality of User Generated Content and (iv) Slinger Bag cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website or any Slinger Apps. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website or the Slinger Apps, Slinger Bag is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or other activities. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Slinger Bag or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that Slinger Bag has the absolute right to monitor User Generated Content posted to the Website and the Slinger Apps in its sole discretion. In addition, Slinger Bag reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify Slinger Bag in writing of any objectionable content appearing on the Website or any Slinger App. Slinger Bag will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on the Website or any Slinger App, including, without limitation, User Generated Content will be at your own risk. Regarding the Slinger Apps, any of our app features which give you the option to share your personal content or information, will only do so if you voluntarily choose to share such content or information. This may include sharing of video highlights and results on social media, leaderboards, messages, etc. All information you choose to share become public and can be viewed by other users linked to the platform in which it was shared.

You may not post or otherwise distribute content to the Website or any Slinger App which Slinger Bag in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Slinger Bag or another party, illegal, or otherwise objectionable to Slinger Bag.

You may not upload commercial content on the Website and any Slinger App or use the Website and any Slinger App to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website and any Slinger App.

USE OF INFORMATION

You agree that Slinger Bag is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Website and any Slinger App, or created by you while accessing the Website and any Slinger App (including, without limitation, any designs or other materials created or submitted by you on the Website and any Slinger App), or contained in any communication you may send to Slinger Bag or submit to the Website or any Slinger App without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.

ADDITIONAL TERMS & CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website and Slinger Apps, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website and Slinger Apps or for any service offered on or through the Website and any Slinger App, the latter terms shall control with respect to your use of that portion of the Website, Slinger App or the specific service.

DISCLAIMER

THE WEBSITE, SLINGER APPS AND ANY INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITE AND SLINGER APPS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SLINGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SLINGER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE AND SLINGER APPS WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND SLINGER APPS OR THE SERVER THAT MAKES THE WEBSITE AND SLINGER APPS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SLINGER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITE AND SLINGER APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

SLINGER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND ANY SLINGER APP. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITE, SLINGER APPS AND ANY LINKED SITES.

LIMITED LIABILITY

EXCEPT AS PROHIBITED UNDER APPLICABLE LAW, SLINGER BAG WILL NOT BE LIABLE FOR DAMAGES OR INJURY CAUSED BY THE WEBSITE, SLINGER APP OR ANY CONTENT ON SUCH PLATFORMS, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. SLINGER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITE AND ANY SLINGER APP.

IF YOU ARE A RESIDENT OF NEW JERSEY: THIS LIMITATION OF LIABILITY SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY SLINGER BAG’S OWN FRAUD, RECKLESSNESS, GROSS NEGLEGENCE OR WILLFUL MISCONDUCT.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

INDEMNIFICATION

Except as prohibited under New Jersey law, you hereby agree to indemnify, defend and hold harmless Slinger Bag and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website and any Slinger App, including without limitation with respect to any claim arising out of any User Generated Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. Slinger Bag reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Slinger Bag. You shall cooperate as fully as reasonably required in the defense of any claim.

IF YOU ARE A RESIDENT OF NEW JERSEY: THIS INDEMNIFICATION SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY SLINGER’S OWN FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

DISPUTE RESOLUTION

(a) Remedies.
In the event of a breach of these Terms of Use or our Terms of Sale by any party, the non-breaching party shall be entitled to all appropriate equitable and legal relief, including, but not limited to: (a) an injunction to enforce any term or condition of these Terms of Use or our Terms of Sale or prevent conduct in violation thereof; (b) damages incurred by the non-breaching party as a result of the breach; and (c) attorneys’ fees and costs (at all arbitral, trial, and appellate levels) incurred by the non-breaching party in enforcing the terms and conditions of these Terms of Use or our Terms of Sale.

(b) Dispute Resolution.
Any issue, question, dispute, claim or controversy arising out of or relating to these Terms of Use or our Terms of Sale or any provision thereof, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of your agreement to arbitrate, shall be determined by arbitration in New York, New York, before a single arbitrator (the “Arbitrator”). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”) and in accordance with the expedited procedures in those Rules. Judgment on an award may be entered in any court having jurisdiction. This dispute resolution provision shall include urgent or emergency arbitration relief and not preclude any party from seeking provisional remedies in aid of such urgent or emergency arbitration relief from an arbitrator in accordance herewith.

(c) Effects of Mandatory Arbitration.
You understand, acknowledge and agree that by agreeing to arbitrate in the manner required above in sub-paragraph (b), you are waiving any right you may have to bring before a court (for other than injunctive relief as provided below), any claim that you may have arising out of, or for any violation of, any federal, state, local or other law, regulation or ordinance, or any other rights protected or arising under any law, rule or regulation. Nevertheless, you agree to waive all such rights you may have and agree to submit all disputes to binding arbitration in accordance with the terms hereof.

(d) Waiver of Class Action. All arbitrations under these Terms of Use or our Terms of Sale must be on an individual basis. This means that neither we nor you may consolidate our or your claims in arbitration by or against any other party, or litigate in court, or arbitrate any dispute, claim or controversy as a representative or member of a class or in a private attorney general capacity. To the extent that a dispute arises as to this waiver, only a court, and not an arbitrator, shall determine the validity and effect of this class action waiver.

*** THE FOLLOWING IS A MANDATORY ARBITRATION PROVISION ***

*** THE FOLLOWING IS A WAIVER OF RIGHTS TO A CLASS ACTION ***

(e) Authority and Decision.

The Arbitrator shall have the authority to award the same damages and other relief that a court could award. The Arbitrator shall issue a reasoned award explaining the decision and any damages awarded. The Arbitrator’s decision will be final and binding upon the parties. The parties will abide by, and fully perform, any award rendered by the Arbitrator. In rendering the award, the Arbitrator shall state the reasons therefore, including (without limitation) any computations of actual damages or offsets, if applicable.

1.(f) Fees and Costs. In the event of arbitration under these Terms of Use or our Terms of Sale, the fees charged by JAMS or other arbitration administrator and the Arbitrator shall be borne by the parties as determined by the Arbitrator, except for any initial registration fee, which the parties shall bear equally. Otherwise, the parties shall each bear their own costs, expenses and attorneys’ fees incurred in arbitration, except as otherwise decided by the Arbitrator.

2.(g) Confidentiality.
The arbitration proceedings including all filings, discovery and communications related to such proceedings and any result(s) of arbitration (including any arbitration award) shall be maintained as confidential information by the parties, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and other parties with a strict need to know.
3.(h) Enforcement; Jurisdiction; Service of Process.
To the extent court action is required to enforce any arbitration decision hereunder or the waiver of class action hereunder, such action shall be brought in the state and federal courts located in the City of New York, Borough of Manhattan and you hereby consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.

(i) You hereby agree, and waive any objection to, service of process on you by means of mail or email sent to you by email. In the event of any dispute arising under these Terms of Use or our Terms of Sale including, but not limited to, a suit to collect amounts due for products provided to you by us, the prevailing party shall be entitled to recover attorneys’ fees and costs.

OTHER POINTS

Your use of the Website and any Slinger App shall be governed by the laws of the State of New York, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the App and Website (including, but not limited to the purchase of SLINGER products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the City of New York, Borough of Manhattan. Any cause of action or claim you may have with respect to the App and Website (including but not limited to the purchase of Slinger Bag products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website and any Slinger App, you agree to receive electronic communications from Slinger Bag. You agree that any notice, agreement, disclosure or other communication that Slinger Bag sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Slinger Bag's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Slinger Bag may assign its rights and duties under this Agreement to any party at any time without notice to you.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Slinger Bag with respect to your use of the Website and any Slinger App, and supersedes all prior agreements or communications. If any provision of these Terms of Use is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. You agree that any notice, agreement, disclosure or other communication that Slinger Bag sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Slinger Bag's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Slinger Bag may assign its rights and duties under this Agreement to any party at any time without notice to you.

CONTACT US

This Website and the Slinger Apps are operated by Slinger Bag Americas Inc., 2709 N Rolling Road, Suite 138, Windsor Mill, MD 21244.

Any queries with respect to this Website or the Slinger Apps may be made on www.slingerbag.com/pages/contact-us