Last Revised Jan 2, 2016
Acceptance of Terms and Conditions
The following terms and conditions (“Terms of Use”) govern your use of the WESTERBRIDGE LLC (“Batch97 TM,” “we,” “us,” or “our”) Websites, which include the following: www.batch97.com and all associated mobile sites, or mobile applications (collectively our “Websites”), accessed via a user’s computer, mobile, e-reader, tablet or other device (“Device”) used to access the online services, applications and Websites affiliated with Batch97 goods and services (collectively, the “Online Services”) or by phone. These Terms of Use also apply when you purchase products on our Websites (“Merchandise”). Your continued use of the Websites constitutes your agreement to follow and be bound by these Terms of Use (the “Agreement”) and Privacy Policy. The Websites are provided as a service to our customers. Please review the following Terms of Use, including an Arbitration Agreement, which govern your use of the Websites.
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 WEBSITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITES.
PLEASE BE INFORMED THAT THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND WAIVER OF RIGHT TO BRING CLASS ACTIONS (see below).
Online Transactions
By placing an order for Merchandise through any of the Websites, you accept these Terms of Use and agree to be bound by them.
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, Batch97 reserves the right to request additional information from you to verify your identity and validate the billing information to process your order.
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 e-mail and/or billing address/phone number provided at the time the order was made.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Merchandise. You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a PayPal or Amazon Payments account.
Please note that while we have tried to accurately display the colors of Merchandise, the actual colors you see will depend on your monitor and may not be accurate.
Batch97 reserves the right to refuse or cancel any order for any reason, including, but not limited to, the following situations:
Errors in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our Websites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Websites is inaccurate at any time without prior notice (including after you have submitted your order). In the event that Merchandise is listed at an incorrect price, we have the right to refuse or cancel orders for Merchandise listed at the incorrect price.
Merchandise Shipping Delay or Unavailability
If an item of Merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Websites relating to the order (for example, an error relating to the price or description of Merchandise), Batch97 may cancel the order. If this occurs, we will contact you so you are aware.
Resale of Merchandise
Batch97 welcomes distributors, and those interested in retailing our products. Please contact us directly to explore distributor opportunities. The Merchandise sold through our Websites is intended for personal use only, not for resale. Any suspected resale of our Merchandise for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be cancelled in the sole discretion of Batch97, and Batch97 has the right to cancel all subsequent orders from any such customers. For purposes of this Agreement, reselling is defined as purchasing or intending to purchase any Merchandise from Batch97 for the purpose of engaging in a commercial sale of that same Merchandise with a third party.
Previous Fraudulent Order History
Batch97 may refuse to accept any order for Merchandise if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute. If Batch97 rejects your order because of an error in pricing or other information about the Merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant Merchandise once the information in the order is validated. If we do not receive a response from you within seven days, Batch97 may cancel the order.
Pricing and Payment Policy
The Merchandise and pricing on our Websites may differ from the product assortment and prices available through our wholesale partners. Merchandise displayed on our Websites is available while supplies last. The prices displayed on our Websites are quoted in US dollars and are valid only in the United States. Batch97 reserves the right to update and make corrections to information on our Websites at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Websites. Price and availability information are subject to change without notice. Acceptable Forms of Payment: American Express, Visa, Master Card, Discover, PayPal, Amazon Payments, Apple Pay.
Promotional Codes
Occasionally, Batch97 offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from Batch97, you will receive e-mail promotions and other offers that may include special codes for free shipping or other discount offer.
By using our Websites, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of any order. Batch97 may restrict redemption of promotional offers to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
Shipping Policy, Rates and Options
For any questions about shipping, please refer to our Shipping Policy.
Out of Stock Items:
If your item is out of stock, we will contact you to discuss how you would like the order handled. Batch97 does not back order.
Returns Policy
For any questions about returns, refunds or exchanges, please refer to our Return Policy.
Comments, Feedback and Other Submissions
Batch97 welcomes comments on your experience with our Merchandise and services. We will publish comments on our Websites, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to Batch97, you hereby grant to Batch97 the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state.
While we welcome your comments and feedback regarding our Websites, our products and our services, we do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Batch97 using these Websites or otherwise (collectively, “Comments”) are not confidential and will become and remain Batch97's property. The disclosure, submission or offer of any Comments will constitute an assignment to Batch97 of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material or contain any computer virus or other malware that could in any way affect the operation of the Websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Batch97 or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Batch97 takes no responsibility and assumes no liability for any Comments posted by you or any third party.
You may not, while using the Websites request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of user communication; alter, modify, frame, or "mirror" any Content; create a deep-link to any of our Websites by by-passing a Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Websites; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Websites or interrupt any user's experience on the Websites , including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites; or attempt to gain unauthorized access to the Websites (or any portion thereof). Batch97 reserves the right to take any action it reasonably deems necessary to cure or prevent any violation, including without limitation, the immediate removal from the Websites of any alteration or modifications therein.
Personal Information Submitted Through the Websites
Your submission of personal information through the Websites is governed by our Privacy Policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Websites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
Intellectual Property
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips, software and written and other materials, including the compilation (meaning the collection, arrangement, and assembly) of any of the foregoing, on our Websites (collectively, the “IP”) are owned, controlled or licensed by Batch97, one of its affiliates or by third parties who have licensed their materials to Batch97 and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Websites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Websites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Websites or any related software. All software used on our Websites is the property of Batch97 or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Websites may be used only as a shopping resource. Any other use of the IP not expressly provided for is strictly prohibited.
The trademarks BATCH97TM, the domain names associated with the Websites and all other images, graphics, logos, page headers, button icons, scripts, trademarks and service marks included in or made available through any of our Websites are trademarks or trade dress or otherwise the exclusive property of Batch97 in the United States and other countries. Certain trademarks, trade names, service marks and logos used or displayed on this Websites are registered and unregistered trademarks, trade names and service marks of Batch97 and its parent, affiliates, or other related parties. Other trademarks, trade names and service marks used or displayed on this Websites are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Websites without the written permission of Batch97 or such third-party owner(s).
Right to Change Websites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Websites or any service, content, feature or product offered through the Websites, with or without notice; charge fees in connection with the use of the Websites; modify and/or waive any fees charged in connection with the Websites; and/or offer opportunities to some or all users of the Websites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites, or any service, content, feature or product offered through the Websites.
Links to Other Websites and Services
The Websites may include links to other Internet sites maintained by third parties (“Linked Websites”). Batch97 provides Linked Websites to you solely as a convenience. Batch97 has no responsibility for the Linked Websites, and the inclusion of Linked Websites does not imply endorsement by Batch97 of the Linked Websites. You access Linked Websites at your own risk and by accessing them you leave the Batch97 Website. Linked Websites are not under the control of Batch97, and your activities may be governed by other terms and conditions and privacy policies. Batch97 is not responsible for the contents of any Linked Site.
Indemnification
You agree to defend, indemnify, and hold harmless Batch97 and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of our Websites in violation of this Agreement or any breach by you of the Terms of Use.
Disclaimer
OUR WEBSITES ARE PROVIDED BY BATCH97 ON AN “AS IS” AND “AS AVAILABLE” BASIS. BATCH97 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITES, THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. BATCH97 DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
ALTHOUGH BATCH97 ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE WEBSITES. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. NEITHER BATCH97 NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE WEBSITES. BATCH97 IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY MATERIALS ON THE WEBSITES, OR WITH ANY OF BATCH97’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution.
With the significant costs arising from legal disputes, not only in dollars but also in time and energy, both you and Batch97 agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Websites, or the breach, enforcement, interpretation, or validity of this Agreement or Terms of Use or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notices shall be sent
Both you and Batch97 agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Batch97 expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to Batch97 at the mailing address listed on our Contact Us Page. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Websites ends.
In lieu of arbitration, either you or Batch97 may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis, and not on a consolidated, representative or collective action basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Batch97 agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Batch97 hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, this Agreement and the Terms of Use shall remain effective unless and until terminated by either you or Batch97. You may terminate this Agreement at any time. Batch97 also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Websites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
General
The foregoing Terms of Use govern all transactions between you and Batch97 through our Websites and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. The failure of Batch97 to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Batch97’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by the laws of the State of Georgia without regard to principles of conflict of laws, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Batch97’s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Websites.
YOUR CONTINUED USE OF THE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE MEANS YOU ACCEPT THE CHANGES.
Updated: Jan 2, 2016
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