|Welcome to BattyLady.com. The Batty Lady provide their services to you subject to the following conditions. If you visit or shop at Battylady.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future battylady.com service (e.g., Photo Gallery) or visit or purchase from any business affiliated with Battylady, whether or not included in the Battylady web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
Please review our Privacy Notice, which also governs your visit to Battylady.com, to understand our practices.
When you visit Battylady.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, and images, is the property of The Batty Lady or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Batty Lady and protected by U.S. and international copyright laws. All software used on this site is the property of The Batty Lady and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
The Batty Lady grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Batty Lady. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Batty Lady. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Battylady.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Batty Lady’s name or trademarks without the express written consent of the Batty Lady. Any unauthorized use terminates the permission or license granted by Batty Lady. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Battylady.com so long as the link does not portray The Batty Lady, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Batty Lady, logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use battylady.com only with involvement of a parent or guardian. The Batty Lady reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The Batty Lady respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a description of the copyrighted work you claim to be infringed, your address, telephone number, and e-mail address, a statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf, to The Batty Lady.
The Batty Lady attempt to be as accurate as possible. However, The Batty Lady does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Battylady.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price. With respect to items sold by Battylady.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an items correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Battylady.com. Your purchases from third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY THE BATTY LADY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BATTY LADY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BATTY LADY CLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BATTY LADY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BATTY LADY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BATTY LADY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting BattyLady.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Batty Lady or its affiliates.
Any dispute relating in any way to your visit to BattyLady.com or to products you purchase through BattyLady.com shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate The Batty Lady intellectual property rights, The Batty Lady may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.