Privacy & Terms
Right to access, correct and delete data and to object to data processing
Our customers have the right to access, correct and delete personal data relating to them, and to object to the processing of such data, by addressing a written request, at any time. The Company makes every effort to put in place suitable precautions to safeguard the security and privacy of personal data, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorized third parties. However, the Company does not control each and every risk related to the use of the Internet, and therefore warns the Site users of the potential risks involved in the functioning and use of the Internet. The Site may include links to other web sites or other internet sources. As the Company cannot control these web sites and external sources, the Company cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources.
Management of personal data
You can view or edit your personal data online for many of our services. You can also make choices about our collection and use of your data. How you can access or control your personal data will depend on which services you use. You can choose whether you wish to receive promotional communications from our store by email, SMS, physical mail, and telephone. If you receive promotional email or SMS messages from us and would like to opt out, you can do so by following the directions in that message. You can also make choices about the receipt of promotional email, telephone calls, and postal mail by visiting and signing into Company Promotional Communications Manager, which allows you to update contact information, manage contact preferences, opt out of email subscriptions, and choose whether to share your contact information with our partners. These choices do not apply to mandatory service communications that are part of certain store services.
Information We Collect
Our store collects data to operate effectively and provide you the best experiences with our services. You provide some of this data directly, such as when you create a personal account. We get some of it by recording how you interact with our services by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties (including other companies). For example, we supplement the data we collect by purchasing demographic data from other companies. We also use services from other companies to help us determine a location based on your IP address in order to customize certain services to your location. The data we collect depends on the services and features you use.
How We Use Your Information
Our store uses the data we collect for three basic purposes: to operate our business and provide (including improving and personalizing) the services we offer, to send communications, including promotional communications, and to display advertising. In carrying out these purposes, we combine data we collect through the various store services you use to give you a more seamless, consistent and personalized experience. However, to enhance privacy, we have built in technological and procedural safeguards designed to prevent certain data combinations. For example, we store data we collect from you when you are unauthenticated (not signed in) separately from any account information that directly identifies you, such as your name, email address or phone number.
Sharing Your Information
We share your personal data with your consent or as necessary to complete any transaction or provide any service you have requested or authorized. For example, we share your content with third parties when you tell us to do so. When you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. In addition, we share personal data among our controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data in order to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.
Toll-Free Phone Support at 1-866-888-3040
99BATS.com does sell products for children, but it does not sell products to children. 99BATS.com only sells products to adults, ages 18 and older, who may purchase products with a credit card. 99BATS.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if 99BATS.com believes that user conduct violates applicable law or is harmful to the interests of 99BATS.com or its affiliates.
Intellectual Property Information
The 99BATS.com name and logo are trademarks or registered trademarks of Infinite Horizons, LLC, 99BATS.com and/or their parent, subsidiaries and/or affiliates.
Note that any program, publication, design, product, process, software, technology, information, know-how or idea described in this website may be the subject of other rights, including other intellectual property rights, which are owned by 99BATS.com or other interested parties and are not licensed to you hereunder. This includes all images, text, programs, graphics, interactive clips and other materials that are on this website.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by 99BATS.com, its affiliates or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under the applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of 99BATS.com or any third party.
The Site and the information contained on the Site are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without the express written consent of 99BATS.com or its affiliates or their lawful successors and assigns. For usage permission, see the Contact Us information provided below.
99BATS.com respects the intellectual property rights of others. If you are a copyright owner or an agent thereof, and believe that any material distributed through the Site or any material on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act. Please provide us with the following information in writing, (see 17 U.S.C. §512(c)(3) for further detail):
1. A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
4. Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
5. A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the above information, we will investigate the allegations and take appropriate action. Our designated copyright agent to receive notifications of claimed infringement may be reached at:
Attn: Customer Service Department
3030 Thorntree Rd Suite 12
Chico, California 95973
License and Access to 99BATS.com
99BATS.com grants you a limited license to access and make personal use of the Site, and not to download or modify them, or any portion of them, except with the express written consent of 99BATS.com. This license does not include any resale or commercial use of the Site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 99BATS.com. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 99BATS.com and our affiliates without express written consent. You may not use meta tags or any other hidden text using 99BATS.com’s name or trademarks without the express written consent of 99BATS.com. Any unauthorized use terminates the permission or license granted by 99BATS.com.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of 99BATS.com so long as the link does not portray 99BATS.com or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any 99BATS.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party and Co-Branded Web Site
The Site may contain hyperlinks (“links”) to Web Site operated by persons or entities other than 99BATS.com (“third-party Web Site”) or to co-branded Web Site operated by a third party, including affiliates (“co-branded Web Site”). We provide such links for your reference and convenience only. A link from 99BATS.com to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Web Site to which you might link from the 99BATS.com. 99BATS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
“Submissions” refer to text, comments, messages, ideas, concepts, suggestions, and/or other similar materials that a user posts, submits, uploads, displays, embeds, communicates or distributes on or through a 99BATS.com site.
“Solicited Submissions” are Submissions that we expressly request or enable you to provide us through any feature or activity on the Site for our review or display. “Unsolicited Submissions” are submissions not requested by us or provided by you through an unauthorized use of any feature or activity on the Site. Users of the Site may not provide any Unsolicited Submissions through our site. You agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from 99BATS.com. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with 99BATS.com or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with 99BATS.com or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the 99BATS.com, you agree not to violate or attempt to violate the security of the 99BATS.com website, including, without limitation, actions such as:
1. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the 99BATS.com Site;
4. Sending unsolicited email, including promotions and/or advertising of products or services, and
5. Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from 99BATS.com are transported and delivered to you by an independent carrier not affiliated with, or controlled by, 99BATS.com. Title to products purchased on 99BATS.com, as well as the risk of loss for such products, passes to you when 99BATS.com delivers these items to the independent carrier.
99BATS.com strives to provide the most accurate and up-to-date information in describing its products. We do not warrant that product descriptions or other content on 99BATS.com are accurate, complete, reliable, current or error-free. All prices displayed on 99BATS.com are quoted in U.S. Dollars.
Disclaimer of Warranties and Limitations on Liability
THE 99BATS.COM SITE IS PROVIDED BY 99BATS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 99BATS.COM MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE 99BATS.COM SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE 99BATS.COM SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE 99BATS.COM SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE 99BATS.COM SITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE 99BATS.COM SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE 99BATS.COM SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE 99BATS.COM SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 99BATS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL 99BATS.COM, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE 99BATS.COM SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE 99BATS.COM SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE 99BATS.COM SITE OR ANY LINKED SITE OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO 99BATS.COM THROUGH THE 99BATS.COM SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL 99BATS.COM, OUR PARENT, SUBSIDIARIES, AFFILIATES, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO 99BATS.COM SITE OR CHANGE THE 99BATS.COM SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Applicable Law and Dispute Resolution
The 99BATS.com Site are controlled and operated by 99BATS.com from its office in Chico, California, USA, and such operation is not intended to subject 99BATS.com to the laws or jurisdiction of any state, country, or territory other than that of the State of California. 99BATS.com does not represent or warrant that the Site or the information contained therein, or any aspects thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to 99BATS.com or to products you purchase through the 99BATS.com Site shall be submitted to confidential and binding arbitration in Chico, California, USA, except that, to the extent you have in any manner violated or threatened to violate 99BATS.com’s intellectual property rights, 99BATS.com may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA, 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 (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment for all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitrator’s 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.
Miscellaneous Legal Provisions
We may discontinue the 99BATS.com Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the 99BATS.com Site at any time for any reason, without notice. We may discontinue or restrict your use of the 99BATS.com Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 99BATS.com as a result of this Agreement or your use of the 99BATS.com Site. Nothing contained in this Agreement is in derogation of 99BATS.com’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the 99BATS.com Site or information provided to or gathered by 99BATS.com with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of 99BATS.com to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the 99BATS.com Site and their content and supersedes any prior or contemporaneous communications between 99BATS.com and you regarding the 99BATS.com Site and their contents.
All rights not expressly granted herein are hereby reserved.
EFFECTIVE DATE: January 01, 2015