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:
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:
Additionally, you agree not to:
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 © 2024 Barrel It Up - All Rights Reserved.