Terms of service

1. Agreement to these Terms

These Terms of Service (the "Terms") are a binding agreement between you and Reed & Haines LLC, doing business as LoFli Balls ("LoFli," "we," "us," or "our"). They govern your access to and use of lofliballs.com and any related site, page or storefront we operate (the "Site"), and any purchase you make through it.

By using the Site or placing an order, you agree to these Terms. If you don't agree, please don't use the Site. Please read section 15 (Limitation of liability) and section 17 (Governing law and disputes) carefully, as they affect your legal rights.

Our Privacy Policy, Returns and Refunds Policy and Shipping Policy are part of these Terms.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract to buy from the Site. If you're under 18, you may use the Site only with the involvement of a parent or legal guardian, who is responsible for the purchase. By ordering, you confirm that you meet these requirements and that the information you give us is accurate and complete.

3. Your account

You don't need an account to shop, but you can create one. You're responsible for keeping your login details confidential and for all activity under your account. Tell us at support@lofliballs.com if you believe your account has been compromised. We may suspend or close an account that we reasonably believe has been used in breach of these Terms.

4. Products, descriptions and pricing

We try to describe our products and show their colors accurately, but we don't warrant that product descriptions, images, specifications, pricing or other content on the Site are complete, current or error-free. Colors may look different on different screens.

All prices are in US dollars and may change without notice. Products are offered subject to availability, and we may limit quantities, restrict sales or discontinue a product at any time.

Pricing errors. If a product is listed at an incorrect price or with incorrect information because of a typographical or system error, we may cancel or refuse any order placed at that price, even after the order has been confirmed and your payment method charged. If we cancel after charging you, we'll issue a full refund.

5. Orders and payment

Your order is an offer to buy. Our confirmation email acknowledges that we received your order; it isn't acceptance. A contract is formed when we ship the products. We may refuse or cancel any order, including where we suspect fraud, an unauthorized or unlawful transaction, a pricing error, or a breach of a quantity limit.

You authorize us and our payment processors to charge your chosen payment method for the total of your order, including product price, any shipping charges and applicable sales tax. You confirm that you're authorized to use the payment method you provide. Sales tax is calculated at checkout based on your shipping address and applicable law.

6. Shipping and delivery

We ship to addresses in the United States. Shipping options, costs and estimated delivery times are shown at checkout and described in our Shipping Policy. Delivery estimates are estimates, not guarantees, and carrier delays are outside our control.

Title and risk of loss pass to you when we hand the products to the carrier. If a package arrives damaged or doesn't arrive, contact support@lofliballs.com and we'll work with you and the carrier to resolve it.

You're responsible for giving us a correct and complete shipping address. Orders returned to us because of an incorrect address may be charged for reshipping.

7. Returns, exchanges and refunds

Returns and exchanges are covered by our Returns and Refunds Policy. In summary, unused products in their original packaging can be returned within 30 days of delivery. See the full policy for conditions, exclusions and instructions.

8. Promotions and discount codes

Discount codes and promotions are subject to their own terms, may be limited to one per order or per customer, can't be combined unless we say so, have no cash value, can't be applied retroactively, and may be changed or withdrawn at any time. We may void a discount or cancel an order where we reasonably believe a code was obtained or used improperly.

9. Product use, safety and assumption of risk

LoFli products are training equipment for baseball and softball. Read and follow all instructions, warnings and age recommendations that come with the product and appear on the packaging.

Athletic activity carries an inherent risk of injury, including serious injury, to players and bystanders. By buying and using our products you accept that risk. Specifically, you agree that:

• you'll use the products only for their intended purpose, in a suitable, adequately sized and safe space;
• you won't modify, alter or repair the products;
• you'll inspect the products before each use and stop using any product that is worn, cracked, split or otherwise damaged;
• appropriate protective equipment should be worn and appropriate supervision provided;
• use by minors must be supervised by a responsible adult; and
• our products are not a substitute for proper coaching, technique or protective equipment, and no product can eliminate the risk of injury.

Nothing in this section limits any liability that can't be limited under applicable law, including liability for death or personal injury caused by our negligence where that limitation isn't permitted.

10. Intellectual property

The Site and all of its content, including text, graphics, logos, photographs, video, 3D models, animation, product designs, page layouts and software, is owned by LoFli or our licensors and is protected by copyright, trademark, trade dress and other intellectual property laws. "LoFli" and the LoFli logo are our trademarks and may not be used without our prior written permission.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own personal, non-commercial purposes. You may not copy, reproduce, republish, distribute, sell, frame, scrape, data-mine, reverse engineer or create derivative works from any part of the Site without our written permission.

11. Reviews and user content

You may be able to submit reviews, ratings, photos, videos, comments or other material ("User Content"). You keep ownership of your User Content. By submitting it, you grant LoFli a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute and display it in any media, including in marketing, without compensation or attribution.

You confirm that you own or have the rights to submit your User Content, that it's accurate, that it doesn't infringe anyone's rights, and that anyone shown in it has consented. Don't submit User Content that is unlawful, defamatory, obscene, harassing or deceptive, or that includes another person's personal information.

We may screen, edit, refuse or remove User Content at our discretion, but we aren't obligated to monitor it and aren't responsible for it. Reviews reflect the views of the people who wrote them, not ours.

12. Prohibited uses

You agree not to:

• use the Site for any unlawful purpose or in breach of these Terms;
• try to gain unauthorized access to the Site, any account, or any system or network connected to it;
• introduce viruses, malware or other harmful code;
• use bots, scrapers, crawlers or other automated means to access, collect or copy content or to place orders, except search engines operating under normal robots.txt conventions;
• interfere with or disrupt the Site, or place an unreasonable load on our infrastructure;
• buy products for unauthorized commercial resale;
• impersonate any person or entity or misrepresent your affiliation; or
• harass, abuse or threaten our staff or other users.

13. Third-party links and services

The Site may link to or integrate third-party websites, apps and services, including social media platforms, payment providers and our Amazon storefront. We don't control them and aren't responsible for their content, products or practices. Your dealings with them are between you and them.

14. Disclaimer of warranties

Except for any written product warranty we expressly provide, the Site and all products and content are provided "as is" and "as available," without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We don't warrant that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Some jurisdictions don't allow the exclusion of certain warranties, so parts of this section may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law, LoFli, Reed & Haines LLC, and our members, officers, employees, agents and suppliers won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to your use of the Site or any product, whether based in contract, tort, strict liability or any other theory, even if we've been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability arising out of or relating to these Terms, the Site or any product won't exceed the greater of the amount you paid us for the product giving rise to the claim, or one hundred US dollars ($100).

Some jurisdictions don't allow the limitation or exclusion of liability for incidental or consequential damages, so parts of this section may not apply to you. Nothing here limits liability that can't be limited under applicable law.

16. Indemnification

You agree to indemnify, defend and hold harmless LoFli, Reed & Haines LLC, and our members, officers, employees and agents from any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, your misuse of the Site or any product, your User Content, or your violation of any law or the rights of a third party.

17. Governing law and disputes

Governing law. These Terms and any dispute arising out of them or your use of the Site are governed by the laws of the State of [STATE OF FORMATION], without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply.

Informal resolution first. Before starting any formal proceeding, you agree to email us at support@lofliballs.com with a written description of the dispute and give us 30 days to try to resolve it in good faith. Most issues can be settled this way.

Venue. If a dispute isn't resolved informally, it will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you and LoFli each consent to the personal jurisdiction of those courts.

Time limit. Any claim arising out of or related to these Terms or the Site must be brought within one year after it arises, or it is permanently barred, except where applicable law prohibits a shortened limitations period.

18. Termination

We may suspend or end your access to the Site at any time, with or without notice, if we reasonably believe you've breached these Terms or if we discontinue the Site. Sections that by their nature should survive termination will survive, including sections 9 to 17 and 20.

19. Email communications

By giving us your email address, you agree to receive transactional messages about your orders and account. Marketing email is sent only where you've opted in, and every marketing email includes an unsubscribe link.

20. Accessibility

We're working to make the Site accessible to as many people as possible, including people who use assistive technology. If you have difficulty using any part of the Site, email support@lofliballs.com and we'll do our best to help and to provide the information or transaction you need another way.

21. Copyright complaints

If you believe content on the Site infringes your copyright, send a notice to support@lofliballs.com that includes: your contact information; identification of the copyrighted work; identification of the material you say is infringing and where it is on the Site; a statement that you have a good-faith belief the use isn't authorized; a statement, under penalty of perjury, that your notice is accurate and that you're the owner or authorized to act for the owner; and your physical or electronic signature. We'll respond in line with the Digital Millennium Copyright Act and may remove the material and terminate repeat infringers.

22. Changes to these Terms

We may update these Terms at any time. The updated version takes effect when posted, and we'll revise the "Last updated" date above. We'll give additional notice of material changes where required. Your continued use of the Site after a change means you accept the revised Terms. The Terms in effect when you place an order govern that order.

23. General

Entire agreement. These Terms, together with the Privacy Policy, Returns and Refunds Policy and Shipping Policy, are the entire agreement between you and LoFli about the Site and replace any prior agreements.

Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary, and the rest stays in full force.

No waiver. Our failure to enforce any provision isn't a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

Force majeure. We aren't liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, labor disputes, carrier failures, supply shortages, war or government action.

No third-party beneficiaries. These Terms don't create rights for anyone other than you and LoFli.

Headings. Section headings are for convenience only and don't affect interpretation.

24. Contact us

Reed & Haines LLC, d/b/a LoFli Balls
6977 Navajo Rd #203 San Diego, CA 92119
Email: support@lofliballs.com