The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
Use of this Web Site:
This Web Site includes proprietary information of Athalonz, LLC, including copyrighted works, trademarks, patent pending technology, and/or other intellectual property rights. In addition, this Web Site may include photographs that include logos or trademark of third parties. You are being granted no rights to Athalonz intellectual property except as explicitly stated in this Terms and Conditions Section. You are being granted no rights to the intellectual property of third parties. Information on this Web Site, including pricing information, product availability, and product purchase terms and conditions, may be changed or updated at any time and without notice by Athalonz.
Refusal of Service
Athalonz, LLC., its affiliates, it subsidiaries, and/or its business partners reserve the right to refuse service, terminate service, and/or cancel orders in its discretion, including, without limitation, if Athalonz believes that a customer’s conduct violates applicable law and/or is harmful to the interests of Athalonz, LLC., its affiliates, it subsidiaries, and/or its business partners.
All content on this Web Site is the property of Athalonz, LLC and all rights therein is reserved. As a user of the Web Site you are authorized to view, copy, print, and distribute copies of the content for the sole purpose of making an informed purchase decision regarding one or more products that are offered for sale via the Web Site. For each copy and/or printed document regarding content of this Web Site that you make, you shall include thereon this copyright notice: Copyright, 2013-2015, Athalonz, LLC, All rights reserved.
All logos and/or trademarks of third parties that may appear in photographs on this Web Page are the intellectual property of their respective owners. The owners of such intellectual property are not affiliated with Athalonz, are not involved in the marketing and/or sales of the products offered for sale via this Web Site, and are not endorsing any of the products offered for sale via this Web Site. Athalonz has not received a release regarding, or permission to, use of any of logos and/or trademarks of third parties that may appear in photographs on this Web Page from the owners of such intellectual property.
Each person appearing in a photograph, in a video, or that is mentioned by name on this Web Site is doing so as an individual and not as a representative of the person’s employer or other entity. For each photograph, video, or text in which the person appears, the person is granting you the same rights regarding such works as are granted to you in the above Copyright Section.
Shipping: Currently Athalonz only ships products within the contiguous 48 states. For shipping outside of the contiguous 48 states, please contact Athalonz to discuss shipping options.
For A Product Purchase:
By placing an order to purchase one or more of Athalonz products (hereinafter referred to as “Products”), YOU (as an individual, as a partnership, or as a legal entity) agree to the following:
- A sales agreement is being created by and between Athalonz, LLC (hereinafter referred to as “Athalonz”) having a place of business at 1711 E. Lockwood St., Mesa, AZ 85203 and YOU having an address as identified on one of: a purchase order, a quote, a bill of lading, or a receipt.
- YOU are purchasing from ATHALONZ the Products at a purchase price listed on the Web Site at the time of placing the order unless otherwise specifically stated in a quote by ATHALONZ.
- You are to pay the full purchase price at the time of purchase or at another time as may be expressed stated by ATHALONZ in a quote.
- Shipping costs are not included in the purchase price listed on the Web Site.
- At the time of purchase, YOU shall provide a shipping address for receiving the Products.
- Unless YOU expressly identify a freight carrier, ATHALONZ shall select a freight carrier and determine a shipping price for shipping the Products to YOU at your specified address. YOU shall pay the shipping price prior to shipping of the Products to YOU.
- Shipping shall be Free-On-Board (FOB) shipping point, freight prepaid.
- Many of the Products offered by ATHALONZ are handcrafted. As such, from product to product, there may be deviations in appearance and components of one product may not be interchangeable with corresponding components of another product.
- Upon receipt of the Products from the freight carrier, YOU shall inspect, at your cost and within one (1) business day of receipt, the Products for damage that may have resulted from shipping and/or for a particular defect of design, of manufacturing, and/or of marketing regarding the Products.
- If damage is found, YOU must notify the freight carrier and ATHALONZ immediately. The freight carrier will be generally responsible for covering the costs to repair or replace the damaged Product when the damage occurred during shipping. YOU shall document the damage due to shipping. ATHALONZ shall assist YOU with the freight carrier in repairing and/or replacing the damaged Product.
- If YOU believe you have identified a particular defect of design, of manufacturing, and/or of marketing, YOU shall immediately notify ATHALONZ in writing of your findings and indicate whether you are rejecting or accepting the Products.
- If you are rejecting receipt of the Products and ATHALONZ agrees with your findings of a particular defect, then ATHALONZ shall reimburse YOU for the purchase price, your documented inspection costs, and the shipping costs. In addition, ATHALONZ shall incur all costs in returning the Products to ATHALONZ. Upon ATHALONZ’s receipt of the returned Products, the sales agreement regarding the Products is terminated and YOU waive any claims that you may have regarding the Products, this Agreement, and/or the particular defect.
- If you are rejecting receipt of the Products and ATHALONZ does not agree with your findings of a particular defect, then ATHALONZ shall reimburse YOU for the purchase price less all costs incurred by ATHALONZ in returning the Products to ATHALONZ. Upon ATHALONZ’s receipt of the returned Products, the sales agreement regarding the Products is terminated and YOU waive any claims that you may have regarding the Products, this Agreement, and/or the particular defect.
- If you accept the Products, then YOU are accepting the Products “AS IS” and waiving the expressed warranties provided in paragraph 6 as well as waiving any present or future claims YOU may have that arise from the identified defect.
- If you do not notify ATHALONZ and the freight carrier of the damage due to shipping within five (5) business days (preferably within 1 day) of receipt of the Products, then YOU are accepting delivery of the Products and waiving any claims regarding damage that you may have.
- If you do not notify ATHALONZ of a particular defect within five (5) business days (preferably within 1 day) of receipt of the Products, then YOU are accepting delivery of the Products and waiving any claims regarding the particular defect that you may have.
- Recommended use of our portable pitching mounds:
- Our portable pitching mounds are designed for indoor or outdoor use and for pitchers to wear their spikes when pitching off of the mounds. The mounds are designed to include a drive tray and a landing tray, where each tray must be filled with the mound clay provided with the mound. The mounds are further designed with the intent that the pitcher will have his drive foot fully in the drive tray and land with his landing foot fully in the landing tray.
- When a portable pitching mound is not in use, especially outdoors, it shall be fully covered for its protection.
- For outdoor use of our portable pitching mounds in cold climates (e.g., has temperatures that fall below freezing), in wet climates (e.g., gets more than 20 inches of rain per year), and/or dramatically varying climates (e.g., harsh climates), the mounds shall be purchased with the outdoor weather protection package.
- The trays shall be completely filled using the mound clay provided with the mound or mound clay that is subsequently purchased from ATHALONZ.
- A pitcher shall start and land fully within the trays.
- Unless the portable pitching mound expressly states that is for game use, it is to be used for practice only.
- For indoor use, the non-marring package should be purchased and, even with the non-marring package, a tarp or other cover should be put over a floor on which the portable pitching mound will be assembled if YOU have any concern for the surface on which YOU are placing the Products.
- ATHALONZ Expressly Warrants that:
- Without further action, consent, or authority from any other person or entity, and without violation of the rights of any other person or entity, it has the exclusive and legal right, authority and capacity to sell the portable pitching mounds;
- When a portable pitching mound Product is used in the recommended manner as specified above:
- It shall be free of manufacturing defects for a period of ninety days from the date of receipt of the portable pitching mound; and
- And if the mounds are purchased with the non-marring package, then ATHALONZ warrants that a mound will not mar an indoor surface for a period of ninety days from the date of receipt of the Products.
- For the Expressed Warranty of paragraph 6 to apply, YOU must register for warranty via either a warranty registration card or an on-line registration submission program within seven (7) business days of receipt of the Products.
- EXCEPT FOR THE FOREGOING LIMITED WARRANTIES IN PARAGRAPH 6, EACH PORTABLE PITCHING MOUND PRODUCT IS SOLD, ASSIGNED, TRANSFERRED, AND CONVEYED HEREUNDER STRICTLY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- UNDER NO CIRCUMSTANCES SHALL ATHALONZ BE LIABLE TO YOU FOR, NOR SHALL YOU MAKE A CLAIM FOR, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE RESULTING FROM LOSS OF USE, LOSS OF PROFITS OR REVENUES, COST OF CAPITAL, LOSS OF GOODWILL, LOSS OF OPPORTUNITY OR USE, CUSTOMER CLAIMS OR OTHER ITEMS OF LOSS OR DAMAGE, AND YOU HEREBY RELEASE ATHALONZ THEREFROM.
- If a portable pitching mound Product does not perform as expressly warranted in paragraph 6 and YOU have registered your Products in accordance with paragraph 7, then you may elect to:
- have, at ATHALONZ’s discretion, repair or replace the portable pitching mound Product; or
- return the portable pitching mound Product and receive a refund for the purchase price. If this is the elected option, then ATHALONZ shall arrange pick up and shipping of the portable pitching mound Product to ATHALONZ.
This shall be your sole and exclusive remedy for a breach of the expressed warranties of paragraph 6.
- Other than the rights expressly stated herein, YOU are receiving no rights to the intellectual property of ATHALONZ. YOU agree that YOU will not do any reverse engineering of the Products and YOU further agree that any attempts at reverse engineering by YOU will be deemed as willful infringement of the intellectual property of ATHALONZ.
- Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction by a court sitting in such jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or enforceability of any of the provisions of this Agreement in any other jurisdiction.
- No term or provision hereof will be considered waived by either party hereto, and no breach consented to by either party hereto, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver or consent is asserted. No consent to or waiver of a breach by either party hereto, whether express or implied, will constitute consent to, waiver of, or excuse for any other, different, or subsequent breach by such party.
- The parties hereby acknowledge and agree that: (a) the provisions and restrictions contained in this Agreement are reasonable and necessary for protection of the legitimate interests of the parties hereto; (b) neither party would have entered into this Agreement in the absence of such provisions and restrictions; and (c) any material violation of any provision of this Agreement by a party hereto or such party’s agents and representatives may result in irreparable injury to the other party hereto, which injury may be inadequately compensable in monetary damages. Accordingly, each party acknowledges and agrees that the other party shall be entitled to seek preliminary and/or
permanent injunctive relief from any material violation or threatened violation of this Agreement by the other party hereto or by such other party’s agents or
representatives, without the necessity of proving actual damages or posting any bond or other security. The rights and remedies of each party under this Agreement shall be cumulative and in addition to any other rights or remedies to which the party may be entitled under this Agreement, at law, or in equity.
- This Agreement is effective as of the date on which YOU purchased the Products and will continue in perpetuity until all rights are expired.
- The construction, performance and interpretation of this Agreement shall be governed by the U.S. patent laws, and the substantive laws of the State of Illinois for agreements to be wholly performed therein, without regard to its principles of conflicts of laws; provided that if the foregoing laws should be modified in such a way as to adversely affect the original intent of the parties, the parties will negotiate in good faith to amend this Agreement to effect their original intent as closely as possible.
- Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and either (i) delivered in person, or (ii) when received, if provided via electronic communications, including, but not limited to, electronic mail and facsimile communications, or (iii) when received, if provided by an overnight or similar delivery service, or (iv) when received, if deposit in the United States Mail, postage prepaid, return receipt requested and addressed as indicated above in paragraph 1.
- Any disputes arising out of this Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof and in accordance with the following:
- A panel of three arbitrators shall hear the claims.
- Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the American Arbitration Association shall select the third arbitrator.
- Each of the arbitrators shall be a technologist with experience with intellectual property issues.
- The place of arbitration shall be as determined by ATHALONZ.
- The arbitration shall be governed by the laws of the State of Illinois.
- Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment.
- The Commercial Arbitration Optional Rules for Emergency Measures of Protection are also incorporated by the parties.
- The award of the arbitrators shall be accompanied by a reasoned opinion.
- Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.