Terms and Conditions of Use

BATTER, LLC and its affiliates, subsidiaries, assigns, officers, and directors would like to inform you that by accessing this site you have expressly agreed to the terms and conditions described below:

Privacy and Security

BATTER, LLC is committed to protecting your privacy when you use this site. BATTER, LLC does not collect, record, categorize, or in any way distribute personally identifiable information that is submitted through this site. Any and all information received is used by BATTER, LLC solely for the benefit of its customers and is not expressly reproduced for alternative purposes. Despite the foregoing, there can be no guarantee of security by using this website as piracy and illegal misappropriations can occur with use of the internet. IN THE EVENT THAT AN UNAUTHORIZED THIRD PARTY INTERCEPTS OR ACCESSES YOUR INFORMATION, DESPITE OUR PROTECTIVE MEASURES, BATTER, LLC WILL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT YOU MAY SUFFER, EVEN IF WE OR A THIRD-PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BATTER, LLC EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE INFORMATION YOU PROVIDE WILL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.

Ownership of Intellectual Property

“BATTER”, “BATTER CUPCAKES”, and the batter cupcake LOGO are registered trademarks of BATTER, LLC. The absence of a protective mark concerning a product, service name or logo found anywhere on this site does not constitute a waiver of applicable trademark or intellectual property rights concerning that name or logo.

The trademarks, logos, service marks, designs, graphics, photos, descriptions, and all other source identifying names and information displayed on this site, and this site and all of its contents including, but not limited to, all text, images and audio (collectively, the “Intellectual Property”), are exclusively owned and copyrighted by BATTER, LLC. BATTER, LLC does not permit the use of its Intellectual Property for any purpose, commercial or otherwise, without its prior express written permission.
Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without the prior express written permission of BATTER, LLC. Any use of the Intellectual Property, or any other content on this site, except as provided in these Terms and Conditions of Use, is strictly prohibited. You are advised that BATTER, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Indemnification

By using this site, you agree to indemnify, defend and hold harmless BATTER, LLC and its affiliates, parents, subsidiaries, directors, officers, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from your breach of these Terms and Conditions of Use and/or your activities in connection with this site.

International Users and Choice of Law

This site is controlled, operated and administered by BATTER, LLC and its service provider designees from within the United States of America. BATTER, LLC makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this site or export the materials in violation of U.S. laws and regulations. If any disputes arise regarding the use of this site, such disputes shall be resolved and controlled according to the laws of the State of Colorado and the federal and state courts of Colorado shall have exclusive jurisdiction over all claims. Correspondingly, these Terms and Conditions of Use shall be governed by the laws of the State of Colorado without regard to conflict of laws provisions or principles.

No Warranties; Limitations of Liability

You expressly agree that your use of this site is at your own risk. Neither BATTER, LLC nor its affiliates, parents, subsidiaries, officers, directors, employees, agents, third party beneficiaries, content providers, sponsors, licensors or the like warrant that this Site will be continuous, uninterrupted, or error-free. Likewise, neither BATTER, LLC nor its affiliates, parents, subsidiaries, officers, directors, employees, agents, third party beneficiaries, content providers, sponsors, or licensors make any warranties as to the accuracy, reliability or currency of any content, information, product or service provided through this site.

THIS SITE, THE INFORMATION AND MATERIALS ON THIS SITE, AND THE SOFTWARE MADE AVAILABLE ON THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BATTER, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL BATTER, LLC OR ANY OF ITS AFFILIATES, PARENTS OR SUBSIDIARIES (INCLUDING THEIR AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW OR, IF NOT PERMITTED AT ALL, TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Severability

If any portion of these Terms and Conditions of Use is found to be unenforceable or void, such provision will be severed from the agreement in order to leave the rest of the enforceable provisions wholly intact.