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Terms and Privacy

TERMS OF USE

Effective June 1, 2017

Modification. The following "Terms of Use" govern all transactions conducted on this website. By using this website (www.varobaseball.com and/or www.varosoftball.com), you will be deemed to have read and agreed to the following Terms of Use. You are responsible for regularly reviewing these Terms of Use each time you conduct a transaction on the website.

Notice for Amateur Athletes. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS WEBSITE DOES NOT AFFECT YOUR ELIGIBLITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. VARO BASEBALL IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

Privacy. Please review our Privacy Policy (below), which is incorporated into these Terms of Use by this reference, for details about how we handle your personal information.

Purchases. To view policies and procedures related to orders placed through this website (such as order processing, shipping, and handling, return and exchanges), please see our Shipping & Return Policy Information.

Third-Party Links. Links to other websites are provided for the convenience of users. We do not provide any warranty regarding the accuracy or completeness of the content of other such sites that are not operated by Varo Baseball, or the reliability, quality or effectiveness of any products provided through those third party websites that are not operated by Varo Baseball. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

Copyrights and Trademarks. Material on this website, including text and images, is protected by copyright law and is copyrighted to Varo Baseball unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. No part of this site may be distributed or copied for any commercial purpose or financial gain. All trademarks, service marks, and trade names ("Marks") are trademarks or registered trademarks of and are proprietary to Varo Baseball, or other respective owners that have granted Varo Baseball the right and license to use such Marks.

Warranties and Liability. We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.

VARO BASEBALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO VAROBASEBALL.COM AND VAROSOFTBALL.COM INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. YOUR ONLY REMEDY AGAINST VAROBASEBALL FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF VARO BASEBALL IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, VARO BASEBALL'S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

By using this website, you agree that in no event will Varo Baseball be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

Exceptions. Nothing in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or other limitations prohibited by law.

Eligibility. This website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the website. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

Arbitration. By using this website, you agree that any dispute, controversy or claim, whether in tort, contract or otherwise, that arises from or relates to the transactions you conduct on this website, including the determination of whether the claims asserted are arbitrable, shall be exclusively and finally determined by arbitration held in Orange County, California under the rules of the American Arbitration Association in effect from time to time. The claims shall be governed by laws of the State of California, without regard to conflict of law rules. Claims submitted to arbitration under this provision may only be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. In addition, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THEY ARE WAIVING ANY RIGHT TO A JURY TRIAL FOR ANY AND ALL CLAIMS.

Force Majeure. Varo Baseball shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, and no other party will have a right to terminate this Terms of Use in such circumstances.

Miscellaneous. The Terms of Use constitute the entire agreement between you and Varo Baseball with respect to this website. The Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Varo Baseball with respect to this website. No modification of the Terms of Use shall be effective unless it is authorized by Varo Baseball. If any provision of the Terms of Use is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Termination. Varo Baseball reserves the right in its sole discretion to terminate your account, delete your profile and any of your user generated content, and restrict your use of all or any part of the website for any or no reason, without notice, and without liability to you or anyone else. Varo Baseball also reserves the right to block users from certain IP addresses or device numbers and prevent access to the website. You understand and agree that some of your user generated content, such as that which is displayed outside your profile, in activity feeds, in other parts of the website, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the website or on other platforms even after your user generated content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated.

PRIVACY POLICY
Using the Website. By using this website you are accepting all the terms of this disclaimer notice.

Commitment to Privacy. Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

Information We Collect. This notice applies to all information collected or submitted on VAROBASEBALL.COM and/or VAROSOFTBALL.COM.

On some pages, you can order products, make requests, and register to receive materials. To fulfill these requests, we may ask you to submit personal information such as your name, address, telephone number, e-mail address and other information.

We may also collect non-personally identifiable information to help us understand how visitors use our website, to help us improve your experience on the website. This may include the use of cookies or other analytic services to help us better understand website activity. This information is never used to personally identify you.

How We Use Information. We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register with our website if you would like to receive our newsletter as well as updates on our products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form. You may unsubscribe to our email newsletter by following the instructions at the bottom of each newsletter.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment to Security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment to Children's Privacy. If you are under 13, you should surf varobaseball.com and/or varosoftball.com only with involvement of a parent or guardian. Although Varo Baseball does not specifically direct its website, catalogs or e-mails to children, Varo Baseball strives to provide children with as much customer service as possible without violating their privacy rights. For their protection, Varo Baseball asks that anyone under 13 years of age not attempt to register with Varo Baseball or otherwise provide Varo Baseball with any personal information without the consent of a parent or legal guardian.

We do not knowingly collect personal information from children under 13. Varo Baseball believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.

How You Can Access Your Information. Varo Baseball will provide you with access to the personal information you provided to Varo Baseball by allowing you to view, update or correct your information. In order to protect your privacy, Varo Baseball takes steps to verify your identity before granting you access to the private information or enabling you to make corrections. Varo Baseball will accomplish this through the use of passwords and personal data.

If you want to find out what personal information Varo Baseball holds about you, please contact our customer service department at family@varobaseball.com or 888.408.0978.

How to Contact Us. Should you have other questions or concerns about these privacy policies, please email us at family@varobaseball.com or call us toll-free at 888.408.0978.

Updates to Privacy Information. Please review the site periodically to see any updates to the information provided here. This privacy policy was last updated on June 1, 2017.

INFORMATION FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Provider of service:
Varo Baseball
1730 Pomona Ave., #14
Costa Mesa, CA, 92627 USA
1.888.408.0978

Pricing information: No charge is imposed by the provider to the consumer for the use of the service. Complaints and further information: In the event of a complaint, or to request further information, the provider may be contacted in writing at Varo Baseball, 1730 Pomona Ave., #14, Costa Mesa, CA, 92627 USA, by telephone at (888) 408-0978 or by email at family@varobaseball.com. Any complaint not resolved between the provider and the consumer may be brought to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 or (916) 445-1254.



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