Terms & Conditions

Acknowledgment and Acceptance of Terms of Use. This website at www.ballandchainmiami.com (the “Site”) is operated by The Mad Room, LLC and its affiliates (the “Company,” “we” or “us”). Access and use of the Site is available only on the terms and conditions described in these terms of use (“Terms of Use”). BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. PLEASE REVIEW THE TERMS OF USE CAREFULLY. By using the Site, you also represent that you are of legal age to form a binding agreement under the applicable laws of the United States. If you do not agree to be bound by these Terms of Use, you should not use the Site.

Changes to the Terms of Use. The Terms of Use for this Site may be revised at any time by us, at our sole discretion, without any specific notice to you. The latest and most current version of the Terms of Use will be posted on this Site. Your continued use of the Site signifies your acceptance of the then in effect Terms of Use.

Eligibility. You represent and warrant that: (i) you are at least eighteen (18) years old; (ii) you have the right, capacity and authority to be bound by these Terms of Use; and (iii) you will abide by all these Terms of Use.

All content on the Site, including but not limited to, visual interface, photographs, interactive features, organization, graphics, designs, videos, compilation, magnetic translation, transmissions, digital conversion and other materials, contain copyrighted materials, trademarks, service marks, trade dress and/or other proprietary materials, whether registered or not (collectively, the “Intellectual Property”), which are owned by the Company, its licensors, clients, affiliates or other third parties. The Intellectual Property is protected by state and federal laws, and international conventions.

Limited License. You are granted a limited, non-exclusive, non-transferable license to access, view and use the Site solely for your own personal, non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of the Intellectual Property may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes of sharing information about us. You do not acquire ownership or proprietary rights to any content, Intellectual Property, content, document or other materials viewed through the Site. All rights in the Intellectual Property are reserved to the Company or its licensors, clients, affiliates and other owners of such Intellectual Property.

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules or security components. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

Company names, as well as names of products and services, appearing on the Site may be trademarks of their respective owners.

Rules of Conduct. In connection with your use of the Site, you will not (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Site any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Site for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Site, obtain or accumulate personal information about other users, or collect or store personal data about other users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Site in any manner that in our sole judgment, adversely affects the performance or function of the Site or interferes with the ability of other users to access or utilize the Site; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Site only for purposes that are in strict compliance with (a) the Terms of Use and the license granted hereunder; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

Jurisdiction. This Site is controlled by the Company from Miami, FL and is not intended to subject the Company or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the Miami, FL. The Company does not represent or warrant that the Website or any part thereof are appropriate or available for use in any jurisdiction other than the U.S.

Access. There is no charge to access and browse the Site. However, charges for internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Site, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.

Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site.

We reserve the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Site as necessary to satisfy any applicable law, regulation, legal process or governmental request.

No Warranties or Representations by the Company. Each user assumes the responsibility for the use of any materials or information provided on or from this Site. The Company does not represent, guarantee or verify the truthfulness, accuracy, reliability or copyright status of information, content or materials presented on the Site.

Unsolicited Submissions. The Company does not accept or consider unsolicited creative ideas, suggestions or materials. We ask that you do not submit or send such materials to us. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Information”) to us, except as part of any application for employment, despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all “moral rights” in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF THE SITE OR OF THE THIRD PARTY SITES.

ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.

WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify and hold harmless the Company Parties and the Company’s independent contractors and partners, and their respective officers, directors, members, shareholders, employees, representatives and agents, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of the Terms of Use, your violation of the rights of any third party, or arising out of or relating to any Information submitted by you.

Privacy. We are very sensitive to your privacy. Please review our Privacy Policy for information and disclosures relating to the collection and use of your personal information and data in connection with your use of the Site. In the event that the Company is transferred, assigned, merged with or sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume the Company’s obligations as to the Terms of Use and the Privacy Policy.

Third Party Websites and Content. The Site may contain links to other websites, including social media websites (“Third Party Sites”), and content that is owned or operated by third parties (“Third Party Content”). We are not responsible for the content, accuracy or opinions expressed in such Third Party Sites and Third Party Content, and such websites and content are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of Third Party Site or Third Party Content on our Site does not imply approval or endorsement by us. If you leave our Site and access Third Party Sites, you do so at your own risk.

Miscellaneous. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State and County of Florida and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to disclaimers, limitations and exclusions set forth above. If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in the Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Use, including the Privacy Policy referenced herein, constitute your entire agreement with the Company. The Company reserves the right to make changes to the Site, these Terms of Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor the right to enforce such provision. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email, if we have an email address for you. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at info@ballandchainmiami.com.

You agree that these Terms of Use and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

ACCESSIBILITY

The Mad Room, LLC is committed to facilitating the accessibility and usability of its website, ballandchainmiami.com, for all people with disabilities. Working with a retained consultant, we will be implementing over time the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 Level AA (WCAG 2.1 AA) as its web accessibility standard or other standards to the extent required by the Americans with Disabilities Act. Our website will be tested on a periodic basis with assistive technology such as screen readers and screen magnifiers.

Please be aware that our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any particular web page or any other accessibility concerns, please contact us at info@ballandchainmiami.com. If you do encounter an accessibility issue, we will make all reasonable efforts to make that page accessible for you.

Returns & Refunds

We do not accept returns or exchanges unless the item you purchased is defective. If you
receive a defective item, please contact us at orders@ballandchainmiami.com with details of the product and the defect. You can send the item you consider defective to:

Ball & Chain
1513 SW 8th Street
Miami, FL 33135

Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment.

Shipping & Delivery

General Information
All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.
Delivery Location
Items offered on our website are only available for delivery to addresses in the United States and Canada. Any shipments outside of the United States and Canada are not available at this time.
Delivery Time
An estimated delivery time will be provided to you once your order is placed. Delivery times are estimates and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Unless there are exceptional circumstances, we make every effort to fulfill your order within [15] business days of the date of your order. “Business day” means Monday to Friday, except holidays. Please note we do not ship on Sundays. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments.
Shipping Costs
Shipping is a flat-fee rate.
Damaged Items in Transport
If there is any damage to the packaging on delivery, contact us immediately at orders@ballandchainmiami.com
Questions
If you have any questions about the delivery and shipment or your order, please contact us at orders@ballandchainmiami.com