Terms & Conditions
USE OF THIS WEBSITE
The materials on this website, including but not limited to text and graphics (“CONTENT”), as well as the color selections, organization and layout of this site (“LOOK AND FEEL”), are copyrighted and are protected by United States and international copyright laws and treaty provisions. No right, title or interest in any of the Content, Look and Feel, or any other material contained on this website is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from or frame in another website, use on any other website, transfer or sell any information obtained from this website, without express written permission from Bowlersmart.
The preceding terms expressly apply, but are not limited to, the practices of “screen scraping”, “database scraping” and any similar practice.
Unauthorized use will be prosecuted to the fullest extent possible under applicable law.
The Bowlersmart name and logo, including are registered trademarks and/or servicemarks of Bowlersmart and may not be copied, reproduced or used in any other way without the express, written consent of Bowlersmart. Unauthorized use will be prosecuted to the fullest extent possible under applicable law. Bowlersmart prohibits use of the Bowlersmart logo as a “hot” link to any site, including Bowlersmart sites, unless establishment of such a link is approved in advance by Bowlersmart in writing.
Unauthorized attempts to modify, add to or subtract from any information stored on, accessed or collected by this website, to defeat or circumvent security features, or to utilize the site for other than its intended purposes are prohibited and may result in criminal prosecution. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content.
LINKS TO THIRD-PARTY WEBSITES
DISCLAIMER OF WARRANTIES
BOWLERSMART MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS SITE OR ITS CONTENT. BOWLERSMART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, ITS CONTENT AND ANY SERVICES PROVIDED BY THE SITE. BOWLERSMART DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BOWLERSMART DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY
IN NO EVENT WILL BOWLERSMART OR ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF:
- THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT,
- ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE;
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR
- ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BOWLERSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Bowlersmart, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use this website or its Content, or any violation by you of this Agreement.
PRODUCT & SERVICE AVAILABILITY
This Site contains references to and information about Bowlersmart products and services. Availability of such products and/or services may be limited by individual store participation.
Any and all disputes relating to this Agreement, your use of the site, any other Bowlersmart website, or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania (USA) for any litigation arising out of or relating to the use of this site, waive any objection to the venue of any such litigation in the Commonwealth of Pennsylvania courts and agree not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.