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Barrel It Up Online Terms of Use and Product Terms and Conditions
Barrel It Up (“Barrel It Up,” “we,” or “us”) owns and operates www.findthebarrel.com (the “Site”). Through the Site, Barrel It Up provides various service offerings, information, and resources related to the Barrel It Up Product (each a “Product” and collectively, the “Products”). References to the Site herein include the Products.
Barrel It Up may change, suspend, modify, or discontinue all or any part of the Site in its sole discretion with or without notice. Barrel It Up is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. Barrel It Up reserves the right to block or deny access to any of the Site to anyone at any time for any reason. Barrel It Up is not obligated to correct or update any information or content on the Site.
TERMS AND CONDITIONS, CHANGES TO THE TERMS OF USE
These terms of use (together with any additional terms, as described below) (“Terms of Use”) are an agreement between you and Barrel It Up governing your access to and use of the Site, their functionality, and their content. Subject to your full and ongoing compliance with these Terms of Use, Barrel It Up hereby grants you the limited and revocable right to access and use those portions of the Site for which you registered or are otherwise granted access, solely for their intended purposes, and solely for your internal business purposes. If you use or access the Site on behalf of a business or other entity, you must have authority to bind that business/entity. In such case, the term “you” includes the business/entity and any of its agents that use or access the Site. By using or accessing the Site, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with Barrel It Up.
PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITE; CREATING AN ACCOUNT; USING ANY PRODUCTS MADE AVAILABLE THROUGH THE SITE; POSTING, SUBMITTING, TRANSMITTING, OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITE; OR USING ANY PLATFORM, YOU EXPRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES, AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.
As stated above, Barrel It Up reserves the right to update or modify the Terms of Use at any time on a going forward basis, with or without prior notice, and such changes will become effective as follows. Modifications to these Terms of Use will be effective upon the earlier of (i) your first use of the Site or Product with actual notice of such change, or (ii) 30 days from the public posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms of Use in place at the time the dispute arose. We use reasonable efforts to ensure that the Terms of Use identify the last date of update. In the case of material changes to the Terms, Barrel It Up will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.
ACCOUNT ACCESS AND SECURITY
You may be required to register and create an account in order to access certain content and functionality of the Site. If you choose to create an account, you must provide an email address and password and may be required to provide additional personal information. To protect your account security, you should choose a username and password that are not associated with your personal information.
You are responsible for maintaining the confidentiality of your account, password, and other information. Any account you create is personal to you and you agree not to provide any other person with access to it. You agree to notify Barrel It Up immediately if you become aware of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. Barrel It Up may disable an account at any time in its sole discretion. Circumventing account access controls may be a violation of law.
Any information you provide to Barrel It Up must be correct, current, and complete. Our use of such information is governed by the Privacy Policy located at www.findthebarrel.com you consent to our use of such information consistent with the Privacy Policy.
USER CONTENT
The Site may now or in the future contain Products that use information you have provided to Barrel It Up and that allow you and others to post, submit, publish, display, or otherwise transmit (“post”) various information and materials (“User Content”), which may include answers in response to questions, comments, documents, and other similar content. Other than personally identifiable information that you provide to Barrel It Up in connection with your account or as requested or required by the Site (which information is subject to the Privacy Policy) and except as expressly provided in these Terms of Use, User Content is and will be considered non-confidential and non-proprietary. You retain all your ownership rights in and to your User Content, and by posting User Content to the Site, you hereby grant to Barrel It Up an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable, sublicensable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit,
broadcast, or otherwise exploit such User Content and derivatives thereof, in whole or in part, and in any form, media, or technology now known or hereafter developed.
Barrel It Up is under no obligation to use, return, review, or respond to User Content. You understand and acknowledge that you are responsible for any User Content you provide. In providing any User Content, you represent and warrant that: (a) you own or control all rights in and to such User Content and have the right to grant the license granted above, and (b) all of your User Content does and will comply with these Terms of Use, including the Content Standards below. You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, as further explained in the Content Standards.
CONTENT STANDARDS
You agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights, (b) fails to comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:
contain any defamatory, libelous, slanderous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, sexually explicit, pornographic, or otherwise objectionable (as determined by Barrel It Up in its sole discretion) material;
promote violence or discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation, gender identity, or age;
violate any person’s or party’s legal rights (including intellectual property rights, moral rights, and rights of publicity and privacy);
impersonate any person or entity or misrepresent the identity or affiliation of the user or any other party;
appear as if it is posted by or endorsed by Barrel It Up or any other person or entity, if this is not the case;
be likely to or designed to deceive any person;
contain any material that is unlawful or could result in civil or criminal liability;
incite, advocate, promote, contribute to, enable, or assist any illegal or unlawful activity;
involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising, other than as conducted by Barrel It Up in its operation of the Site; or
conflict with these Terms of Use or any other applicable law or policy.
MONITORING OR REMOVAL OF USER CONTENT
Barrel It Up is not responsible or liable to any third party and assumes no liability for any action or inaction regarding the posting of User Content by any user or third party. At its discretion Barrel It Up may, but is not obligated to, take steps to monitor User Content. However, Barrel It Up does not review material before it is posted and makes no guarantees regarding promptness of removal of objectionable material after it has been posted. Barrel It Up is not deemed to endorse, verify, or agree with any User Content.
Barrel It Up reserves the right, in its sole discretion, to: (a) remove or refuse to post any User Content for any or no reason; (b) take any action with respect to any User Content that it deems necessary or appropriate, if Barrel It Up believes that it violates the Terms of Use or Content Standards, infringes any intellectual property rights, threatens a person’s safety, or could create liability for Barrel It Up; or (c) take any action Barrel It Up deems appropriate or advisable, including referral to law enforcement, for illegal or unauthorized User Content or use
of the Site, to prevent harm, or to protect against liability.
Without limiting the foregoing, Barrel It Up has the right to fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose the identity or other information of anyone posting any User Content. YOU WAIVE AND HOLD HARMLESS BARREL IT UP AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY BARREL IT UP OR LAW ENFORCEMENT AUTHORITIES.
BARREL IT UP HAS NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR
NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for personally identifiable information, defrauding them, or similar conduct;
to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;
to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Site;
to impersonate or attempt to impersonate Barrel It Up, an employee of Barrel It Up, another user, or any other person or entity;
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Barrel It Up, may harm Barrel It Up or users of the Site, expose them to liability, or threaten the security of their personally identifiable information;
to provide services, information, materials, resources, or advice to any third person, directly or indirectly, on a service bureau basis or otherwise.
Additionally, you agree not to:
use the Site in any manner that could disable, overburden, damage, or impair the Site;
use any manual process or robot, spider, or other automatic device, process, or means to access, monitor, or copy all or any part of the Site for any purpose;
use any device, software, or routine that interferes with the proper working of the Site, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Site or any server, computer, software, or database connected to the Site;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site are stored, or any server, computer, or database connected to the Site;
attack the Site via any denial-of-service attack;
or otherwise attempt to interfere with the proper working of the Site.
INTELLECTUAL PROPERTY RIGHTS
Barrel It Up and its licensors or other providers own the Site, including all of their content, features, and functionality—including any information, software code, text, displays, images, video, and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Site (“Site Content”). The Site and all such Site Content are protected by US and international copyright, trademark, and other laws and treaties, and may
not be used except as permitted in the Terms of Use. No right, title, or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by Barrel It Up. Any use of the Site or Site Content not expressly permitted by the Terms of Use is a breach of them and may violate copyright, trademark, and other laws.
You may access and use the Site solely for their intended purpose. You must not delete or alter any copyright, trademark, or other proprietary rights notices from any Site Contents or other materials. You may not modify; reproduce; publicly display, perform, or distribute; or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Site or any materials on the Site, except as expressly permitted by these Terms of Use or other applicable policies.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.
You should notify Barrel It Up of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.
TRADEMARKS
As between you and Barrel It Up, Barrel It Up owns and retains all rights in its trademarks, trade names, and trade dress which may be used on the Site, including company and Product names, logos, slogans, and designs, which are registered and/or common law trademarks of Barrel It Up and are protected by United States and international laws and treaties. No license to use such items is granted to you under these Terms of Use or by your use of the Site. Barrel It Up will aggressively enforce its intellectual property rights to the fullest extent of the law.
All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.
RELIANCE ON POSTED INFORMATION
The Site may include content provided by third parties. Other than content provided by Barrel It Up, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. Barrel It Up is not responsible for the content or accuracy of any materials provided by any third parties. Barrel It Up does not warrant the accuracy, completeness, or reliability of any third- party information on the Site. Information provided by Barrel It Up on the Site is informational only. Barrel It Up does not guarantee the accuracy of information provided on the Site.
INFORMATION GATHERED ABOUT YOUR VISITS TO THE SITE
Barrel It Up may automatically collect information about you and your use and navigation of the Site. All such information is subject to the Privacy Policy. By using the Site, you consent to all actions taken by Barrel It Up with respect to your information in compliance with the Privacy Policy and legal requirements.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to Barrel It Up Site, provided you do so in a way that is legal and does not damage or take advantage of the reputation of Barrel It Up. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Barrel It Up without the express written consent of Barrel It Up.
Barrel It Up Site may offer integration with social media website or apps. The Site may provide features that enable you to: (a) link from your own or certain third-party social media website to particular content or types of content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content displayed on the Site to be displayed or appear to be displayed on your own or certain third-party Site. You may use these features solely as Barrel It Up provides, and only with
respect to the content that Barrel It Up makes available for this purpose. Such use must also be in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website or social media account that you do not own or control; (b) cause the Barrel It Up Site or portions of it to be displayed, or appear to be displayed (by, for example, framing or in-line linking) on any other site; or (c) take any other action with respect to the material or content on the Site that is
inconsistent with any other provision of these Terms of Use.
You agree to cooperate with Barrel It Up in causing any unauthorized framing or linking to cease immediately. Barrel It Up may withdraw linking permission without prior notice. Barrel It Up may disable any or all social media features and any links at any time without notice.
LINKS FROM THE SITE
Links to non-Barrel It Up Site and resources provided on the Barrel It Up Site are provided for your convenience only. They do not signify that Barrel It Up endorses any such website or companies, including any sponsor(s). Barrel It Up has no control over those Site or resources and accepts no responsibility for them or for any loss or damage that may arise from use of them. You access third party website linked to the Site entirely at your own risk and subject to the terms and conditions of such Site. Third party website have their own terms of use and
policies and are not subject to these Terms of Use.
PRODUCT AND SERVICES
The purchase and use of any Products or Services is expressly limited to and governed by these Terms and Conditions. These Terms and Conditions are incorporated into and made a material part of any purchase order issued by Barrel It Up. By using or purchasing the Product, or any product from Barrel It Up, including but not limited to our “hitting products”, you acknowledge and agree to the following terms:
(a) Product Use and Safety: the Product and any other Barrel It Up products are designed to improve your baseball training experience. However, it is essential that you use them in accordance with the provided instructions. Improper use of the product may result in personal and/or property injury, damage, or other adverse effects. Barrel It Up is not responsible for any injuries, damages, or losses resulting from any type of misuse of its
products.
(b) No Warranty on Product Performance: Barrel It Up makes no warranties, express or implied, regarding the performance of the product beyond its design specifications. We do not guarantee that using the Product will improve performance or prevent injury during baseball-related activities.
(c) Assumption of Risk: By using the Product or any Barrel It Up products, you assume all risks associated with their use, including the risk of injury, damage to property, or any other loss. You are solely responsible for ensuring that you or any individual using the product is in good physical condition and capable of safely use of the product.
(d) Price Changes: All prices posted on the Site are subject to change at any time and without prior notice. The price charged for a product will be the price in effect at the time your order is placed and will be reflected in your order confirmation email. Any price increases will apply only to orders placed after the price change. Prices listed do not include applicable taxes or shipping and handling fees, which will be added to your total at checkout and itemized in your shopping cart and order confirmation email.
(e) Pricing Errors: We strive to ensure that all prices and Product details on the Site are accurate. However, we are not responsible for pricing, typographical, or other errors that may occur. We reserve the right to cancel any orders that result from such errors, including pricing discrepancies.
(f) Payment Terms: All payments are subject to our approval, and payment must be received by us before we accept and process your order. We accept the following payment methods: Visa, Mastercard, American Express, Discover, Shop Pay and Apple Pay. By providing your credit card information, you represent and warrant that:
• The credit card information you supply is true, correct, and complete;
• You are authorized to use such credit card for the purchase;
• The charges incurred will be honored by your credit card company; and
• You will pay all charges incurred, including applicable taxes, at the posted prices.
(g) Shipment and Delivery: We will arrange for shipment of the products to you, including doorway delivery. Please check the individual Product page for specific delivery options. You agree to pay all shipping and handling charges specified during the ordering and check out process.
(h) Title and Risk of Loss: Title and risk of loss for the products pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(i) Return Policy
1. Return Eligibility: You may return or exchange the Product or any other Barrel It Up products no later than 30 days from the date of purchase. After 30 days from the date of purchase, the Product or any other Barrel It Up Product is ineligible for a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
2. Non-returnable Items: The following items cannot be returned or exchanges:
• Past the 30-day return window
• Products that have been used
• Products missing parts
• Products not returned in complete, undamaged original packaging
3. Refunds (if eligible): Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment only.
In the event that you do not receive your refund after Barrel It Up has processed it, you agree to contact Barrel It Up at David@findthebarrel.com to allow us the opportunity to contact our bank and resolve the issue:
4. Sale Items (if applicable): Only regular-priced items may be refunded. Unfortunately, sale items cannot be refunded.
5. Exchanges (if applicable): We will replace and item only due to defect, or damage prior to your use. To exchange it for the same item, please visit the "Contact Us" page, select "customer service," and submit a message requesting an exchange.
6. Gifts: If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, approved refunds we will sent to the gift giver’s method of payment as provided in this Agreement.
7. Return Shipping Instructions: To return a Product, please visit the "Contact Us" page, select "Customer Service," and send a message requesting to return the product.
DISCLAIMER OF WARRANTIES
THE SITE AND ANY CONTENT, PRODUCT AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR
OTHER APPLICABLE POLICIES. NEITHER BARREL IT UP NOR ANY PERSON OR ENTITY AFFILIATED
OR ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF
THE SITE OR SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER BARREL IT UP NOR
ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, BARREL IT UP DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
A PARTICULAR PURPOSE, INCLUDING ESTABLISHING, PERFECTING, OR MAINTAINING
COMPLIANCE WITH ANY PARTICULAR LAW OR LEGAL REQUIREMENT WITH REGARDS TO SITE
AND ANY CONTENT, PRODUCT AND SERVICES.
THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, AND DO NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING
LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.
LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS
IN NO EVENT WILL BARREL IT UP, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
MANAGERS, DIRECTORS, AFFILIATES OR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY
TO USE, THE SITE, ANY WEBSITE LINKED TO THE SITE, ANY SITE CONTENT OR OTHER CONTENT
ON THE SITE OR SUCH OTHER WEBSITE OR ANY PRODUCT AND SERVICES OR ITEMS OBTAINED
THROUGH THE SITE OR SUCH OTHER WEBSITE. THIS LIMITATION INCLUDES ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BARREL IT UP WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF THE PRODUCT AND SERVICES PURCHASED
THROUGH THE SITE, AS WELL AS A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR
USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OF USE OR THE SITE’S MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
YOU UNDERSTAND AND ACKNOWLEDGE THAT BARREL IT UP WOULD NOT BE ABLE TO PROVIDE
THE SITE AND PRODUCTS ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING
EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT
ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE
ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Barrel It Up, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys ’fees) arising out of or relating to your User Content and your use of the Site, Product and Services, including any violation of these Terms of Use or applicable law in connection therewith.
GOVERNING LAW AND JURISDICTION
You agree that all matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
You agree that the federal and state courts located in the State of California have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Site. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and Barrel It Up in the most expedient and cost effective manner, and except as described below, you and Barrel It Up agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY USING OR ACCESSING THE SITE, PRODUCT AND SERVICES, YOU AND BARREL IT UP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Barrel It Up will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
WAIVER AND SEVERABILITY
No waiver by Barrel It Up of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Barrel It Up to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use, the Privacy Policy, and other policies provided on Barrel It Up’s website constitute the sole and entire agreement between you and Barrel It Up with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site unless you have entered into a separate agreement, signed by both parties, that specifically preempts these Terms of Use.
YOUR COMMENTS AND CONCERNS
This website is operated by Barrel It Up.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: David@findthebarrel.com.
Last Updated: March 9, 2025
Copyright © 2025 Barrel it Up - All Rights Reserved.