Terms & Conditions

Last updated: March 1, 2023

Introduction

Welcome to bravasoccer.shop (the “Site”), owned and operated by Brava® Soccer Gear Inc. (“Brava®”, “we” or “us”). These Terms of Use (the “Terms”) are a binding contract between you and Brava® regarding your use of the Site and the services, products, content and information we provide on the Site (collectively, the “Services”).

Please read these Terms carefully before using the Site or the Services. By accessing the Site or using any Services, you agree to be bound by these Terms and all policies and guidelines incorporated in these Terms. If you do not agree to all of these Terms, do not access or use the Site or the Services.

If you have any questions about these Terms, please contact us at:

Brava® Soccer Gear Inc.
123 Soccer Lane
Kicksberg, VA 20155

Email: [email protected]

Phone: 1-800-555-2345

Usage of the Site and Services

Subject to your compliance with these Terms, Brava® grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and Services solely for your own personal use.

The Site and Services are intended for users 18 years old and over. If you are under 18, you may not access or use the Site or Services. By accessing or using the Site or Services, you represent and warrant that you are at least 18 years old.

Brava® Accounts

In order to access certain Services, you may be required to register for an account with Brava® (a “Brava® Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all information you provide is accurate, current and complete; and (b) you will maintain and promptly update your information to keep it accurate, current and complete.

You are solely responsible for the activity that occurs through your Brava® Account, whether authorized by you or not. For your protection, you should keep your Brava® Account login credentials confidential and not disclose them to any third party. Please notify Brava® immediately if you become aware of any unauthorized use of your Brava® Account.

You may not transfer your Brava® Account to any other person. Brava® reserves the right to suspend or terminate your Brava® Account if any information provided during the registration process or thereafter proves to be untrue, inaccurate or incomplete.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. You acknowledge and agree that you have read and understood our Privacy Policy, and you consent to the collection, use and disclosure of your information as described in that policy.

User Content

If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our Site (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete.

We do not own, control or endorse any User Content that is transmitted, stored or processed via the Site or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Site, and you represent and warrant that:

You own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms;
Your User Content will not violate any agreements or confidentiality obligations; and
Your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. You agree not to send us any User Content that is unlawful, abusive, libelous, defamatory or otherwise objectionable. We may, but have no obligation to, review, monitor, display, post, store, maintain, accept or otherwise make use of your User Content, and we may, in our sole discretion, reject, delete, move, re-format or remove any of your User Content.

Making Purchases

If you wish to purchase products or services described on the Site (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including your credit card number, expiration date, billing address, shipping information, and other information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO USE THE PAYMENT METHOD SPECIFIED AND THAT ANY SUCH PAYMENT METHOD MAY BE USED FOR THE TRANSACTION.

You understand that all information you provide in connection with a Transaction or other monetary transaction interactions with third parties such as financial institutions and payment processors will be governed by the privacy policy and terms of use of the applicable third party entity processing the Transaction. We have no control over and assume no responsibility for the actions or policies of such third parties.

In addition, YOU UNDERSTAND AND AGREE THAT COMPLETING A TRANSACTION IS DEPENDING UPON AVAILABILITY OF THE ITEM AND THE EXCHANGE RATE AT THE TIME OF PURCHASE.

Prices for our products and/or services may change at any time without notice and the availability of any product or service is subject to change without notice.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or fraud. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Returns and Refunds

Please review our Return Policy posted on our Site prior to making any purchases. At the time you make a purchase, you will have an opportunity to review and agree to our Return Policy.

Shipping and Delivery

We will arrange for shipment of any products you purchase through the Site and delivery will be made as soon as reasonably possible, to the address you provide. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping dates are estimates and cannot be guaranteed. We are not liable for any delays in shipments.

Modifications to Site and Services

We reserve the right to modify, suspend or discontinue the Site or any Services at any time and without notice. We may also change, modify, add to or remove provisions of these Terms at any time by posting the amended Terms on this Site. We will indicate by posting on the Site that the Terms have been amended. Your continued use of the Site or Services after any modifications, suspension or discontinuance will constitute your acceptance of the amended Terms. As such, you should frequently check this page to see if any changes have been made.

Prohibited Uses

You agree not to use the Site or Services to:

Harass, abuse, threaten, stalk or defame any person;
Violate any applicable law, regulation or order of any governmental authority;
Upload or transmit material that is illegal, sexually explicit, indecent, obscene, invasive of privacy, propagating hate or harmful stereotypes, defamatory, racist, violent, bullying, harassing or advocating violence or illegal acts;
Infringe the copyright, patent, trademark, trade secret or other intellectual property rights of any third party;
Upload or transmit any material that contains viruses, Trojan horses, worms, time bombs, or any other harmful programs;
Gain unauthorized access to the Site, other users’ accounts/profiles or computers, servers or networks connected to the Site, or obtain or attempt to obtain other users’ passwords;
Misrepresent the source, identity or content of information transmitted via the Site;
Disseminate any unsolicited or unauthorized advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or solicitation of other users;
Impersonate any person or entity, or falsely state your affiliation with a person or entity; or
Upload or transmit any material that you do not have the right to transmit or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Trademarks

The trademarks, service marks, trade names, trade dress and logos (collectively, the “Trademarks”) displayed on the Site or in connection with the Services are registered and unregistered trademarks of Brava®, its affiliates, licensors, vendors, partners or others. Nothing contained on the Site or transmitted via the Services should be construed as granting any license or right to use any Trademark without our express written permission.

Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site, including the Site’s design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Brava®, with all rights reserved.

Brava® grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services solely for your own personal use. Any use of the Site or Services beyond the scope of the limited license provided in these Terms is strictly prohibited and constitutes a violation of Brava®’s intellectual property rights.

All rights not expressly granted in these Terms are reserved. No implied licenses are granted under these Terms. Nothing in these Terms constitutes a waiver of any of Brava®’s intellectual property rights under law. Use of any Brava® trademark, including BRAVA®, without the prior written consent of Brava® constitutes trademark infringement and unfair competition in violation of applicable law, and is expressly prohibited.

User Representations and Warranties

You represent, warrant and covenant that:

You have the right, authority, and capacity to enter into these Terms;
You will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site and Services; and
You will not interfere with the use and enjoyment of the Site and Services by other users or with Brava®’s operation and management of the Site and Services.

You further understand that the Site and Services are offered and available to you conditioned on your acceptance without modification of all the terms, conditions, policies and notices set forth in these Terms. Your use of the Site and/or Services constitutes your agreement to all such terms, conditions, policies and notices.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAVA® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRAVA® DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BRAVA® BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE, EVEN IF BRAVA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAVA®’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE AND SERVICES IS LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Brava® and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all losses, damages, liabilities, claims, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Site and Services, any User Content you provide, or any violation by you of these Terms. Brava® reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Brava® and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Brava®. Brava® will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to its conflict of laws provisions.

You agree that you shall bring any suit or proceeding regarding or relating to these Terms or the Site exclusively in the federal courts of the Eastern District of Virginia or the courts of the Commonwealth of Virginia located in Fairfax County, Virginia, and you irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Brava® regarding the use of the Site and Services. The failure of Brava® to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Brava® is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by you without Brava®’s prior written consent. Brava® may assign, subcontract, delegate or otherwise transfer these Terms and its rights and obligations, in whole or in part, to any third party. Brava®’s waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
Contact Us: If you have any questions about these Terms or the Site, please contact us at [email protected] or Brava® Soccer Gear Inc., 123 Soccer Lane, Kicksberg, VA 20155.