Terms & Conditions
Sassy Balls, LLC (“Company”) provides varieties of edible protein snacks and food items to consumers via online orders (collectively, “Products”) to Customers (each a “Customer”) subject to these terms and conditions (“Terms”). These Terms apply to purchases of Sassy products whether through Sassy or third-party sites linking to Sassy products (collectively “Sites”).
Please read these Terms carefully before using the Products. By using the Products, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Products, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately, and Customer’s continued use of the Products after such changes or modifications will constitute acceptance of such changes or modifications. You should regularly review the Terms and any policies and documents incorporated in them to understand the Terms that apply to your use of the Products. These Terms and any changes or modifications hereto will be posted to our website at Sassyball.
Pricing and Availability
All Products offered for purchase on the Sites are subject to availability. Any Product prices listed on the Sites are subject to change at Sassy’s sole discretion and without notice. Sassy shall not be responsible for typographical, pricing, technical or other errors in publication on the Sites. Additional costs including shipping and delivery fees will vary based on Customer’s location and shipping method.
Sassy provides various Product options for Customers. These Products may contain whey, tree nuts, milk, eggs, wheat, soybeans, and/or sesame. Customers with food allergies should thoroughly research and review the ingredients to each Product before ordering. Further information regarding Sassy’s Products and ingredients can be found at [INSERT WEB URL HERE].
Age and Location Restriction
Customers located in jurisdictions or locations where it would be unlawful to use the Products are prohibited from such use. All Customers should ensure that such use is lawful prior to use of the Products.
Company warrants that all Products are provided in accordance with general industry standards.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES. NO OTHER WARRANTIES APPLY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
FOR ANY BREACH OF THE WARRANTY, CUSTOMER’S EXCLUSIVE REMEDY, AND COMPANY’S ENTIRE LIABILITY, SHALL BE LIMITED TO THE RE-PERFORMANCE OF THE SERVICES PROVIDED HEREUNDER INCLUDING WITHOUT LIMITATION PROVIDING REPLACEMENT PRODUCT. IF COMPANY IS UNABLE TO RE-PERFORM THE SERVICES AS WARRANTED OR REPLACE THE PRODUCT, CUSTOMER SHALL BE ENTITLED TO RECOVER THE FEES PAID TO COMPANY IF ANY FOR THE PRODUCT. IN NO CASE SHALL ANY RECOVERY EXCEED THE AGGREGATE AMOUNTS PAID TO COMPANY BY CUSTOMER FOR THE SPECIFIC PRODUCTS THAT ARE THE SUBJECT OF THE CLAIMED BREACH.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITY) EVEN IF THE PARTY CLAIMING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE UNDER ANY THEORY OF RECOVERY, COMPANY’S AGGREGATE LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID TO COMPANY BY CUSTOMER IF ANY FOR THE SPECIFIC PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM. CUSTOMER ACKNOWLEDGES THAT THE LIMITATION OF LIABILITIES AND DISCLAIMERS OF WARRANTIES CONTAINED HEREIN CONSTITUTE AN AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES, HAVE BEEN FACTORED INTO PRICING OF THE SERVICES, AND ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. CUSTOMER FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT IF NO FEES ARE PAID TO COMPANY, CUSTOMER HAS NO AVAILABLE DAMAGES.
Company remains the owner or the licensee of all intellectual property rights in the Products (including without limitation, all content published on through the Sites) which are protected by trademark and copyright laws and treaties. Company reserves all rights regarding such intellectual property including those of third-party affiliates. By posting any content through the Sites, Customers are granting to Company a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform, or display such content, in whole or in part, in any form, media or technology known or hereafter developed (“Content”). Through use of the Products and publication of Content regarding the Products, Customers waive all rights in such Content. Customers further acknowledge and warrant that any Content submitted through the Sites: (i) is such Customer’s own original work or otherwise appropriately licensed by such Customer and such Customer has the right to make such Content available for the purposes specified above; (ii) does not infringe the rights of any third party; (iii) is not defamatory or in contempt of any court’s orders; and (iv) is not unlawful and does not contain any material which is obscene, offensive, hateful or inflammatory.
Relationship of the Parties
Neither these terms nor any associated policy, will be construed as creating a partnership, joint venture, or agency relationship or as granting a franchise. Each party agrees to these Terms and shall not hold itself out as an agent of the other party in any sense. No party shall have authority to act for or obligate the other party in any way or to make any representation or warranty on behalf of the other party.
Governing Law; Venue
All questions concerning the validity, interpretation and performance of these Terms shall be governed by and decided in accordance with the laws of the State of Connecticut, without regard to any conflicts of laws and principles thereof. The parties hereby submit and consent to the exclusive jurisdiction of any state or federal court located within New Haven County, Connecticut, and agree that all actions or proceedings relating to these Terms shall be litigated in such courts, and each of the parties waives any objection which it may have based on improper venue or forum non conveniens to the conduct of any such action or proceeding in such court.
In the event any provision of these Terms is held to be invalid or unenforceable; the remaining provisions shall remain in full force and effect.
These General Service Terms and associated policies(s) (collectively the “Agreement”) set forth the entire understanding between the parties with respect to the Products. There are no representations, warranties, covenants, conditions or undertakings other than those expressly set forth herein. These Terms supersede all prior agreements and understandings between the parties, whether written or oral, with respect to the subject matter hereof.
All Terms herein which should by their nature survive the termination of this Agreement shall so survive.
All notices and other communications to be given to a party hereunder shall be addressed to such party at the address for such party set forth on the signature page hereof or at such other address as such party shall designate in writing from time to time by giving notice as provided in this Section. All notices shall be in writing and shall be delivered by personal delivery, by facsimile, by overnight courier (Federal Express or comparable service) or by certified mail, all charges prepaid. Such notices shall be effective upon actual receipt (or a party’s refusal to take delivery).
The provisions of these Terms or any associated policies may be waived, altered, amended, or supplemented, in whole or in part in sole discretion of Company.
Limitation of Actions.
NO ACTION, SUIT, OR PROCEEDING, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS MAY BE BROUGHT BY EITHER PARTY MORE THAN SIX MONTHS AFTER THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.