Banger’s Terms of Use Agreement

We may change this policy from time to time by updating this page. This policy is effective as of June 1, 2020.

By using the bangersaustin.com web site, you (“user” or “you”) agree to the terms and conditions outlined in this document and any available hyperlink in the document. If you have any questions on the terms and conditions of this site please contact Banger’s Austin LP (together with its affiliates, “Banger’s”) at info@bangersaustin.com

  

Site Eligibility

Age: Banger’s online purchase services are available only to, and may only be used by, individuals who are 18 years and older. Only individuals 18 years of age or older are able to form legal contracts under current laws. Any person under the age of 18 can use the services on this site when under the supervision of a parent or guardian. In such circumstances the parent or guardian is the responsible user.

 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content (if applicable). By definition you also agree and abide to the privacy policy as outlined in our privacy statement (www.bangersaustin.com/privacy).

 

Security: If you are asked to set up an account and create a password to manage your account, you are responsible for the security of said password. Should your password be compromised you agree to immediately notify Banger’s of the compromise.

 

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

 

Account Transfer: At no time may you transfer or sell any of your Banger’s account related information.

 

Right to Refuse Service: Banger’s has the right to refuse service to anyone at any time for failure to abide by the stated terms and privacy statements.

 

 

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Banger’s and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Bangersaustin.com. Restricted Activities: Your Content and your use of Bangersaustin.com shall not:

 

  1. Be false, inaccurate or misleading.
  2. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
  3. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation.
  4. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Banger’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
  5. Be obscene or contain child pornography.
  6. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  7. Link directly or indirectly any competitors to Banger’s.
  8. Modify, adapt or hack Bangersaustin.com or modify another website so as to falsely imply that it is associated with Banger’s.

 

Payment Terms 

If a user selects to purchase any products that are offered for sale, they agree to the terms, sales price, taxes, fees and charges as outlined in the shopping cart.

Payment is due upon order and no product will be delivered until payments are received in full, unless otherwise approved in writing by Banger’s.

 

Returns and Refunds 

Banger’s has a “Make It Right Guarantee”. As such, if you are not satisfied with your purchase from Bangersaustin.com, simply contact us at info@bangersaustin.com and we will fix your order in one of the following ways:

  1. Send a replacement product at our expense;
  2. Provide a full and complete refund of all monies spent on the product(s); or
  3. Any other agreeable solution between parties.

 

Disputes

In the event a dispute arises between you and Banger’s, please contact Banger’s at info@bangersaustin.com.

 

Intellectual Property 

Banger’s and all related graphics, logos, designs, webpages, buttons, icons, and other services are the property of Banger’s and my not be used in any case without written permission from Banger’s.

 

Breach

Banger’s may, without notice, and without refunding any fees may: Remove or temporary suspend any user from the website, warn the Banger’s community of a user’s actions, issue a warning to a user, prohibit access to the site, take technical and legal steps to keep a user off the site if any of the following apply:

 

  • Banger’s suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein;
  • Banger’s is unable to verify or authenticate any of your personal information or Content; or
  • Banger’s believes that a user is acting inconsistently with the letter or spirit of the policies of Banger’s.

 

No Warranty

ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF ANY SERVICES OR PRODUCTS ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANGER’S OR THROUGH THE SERVICES OR PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BANGER’S AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES AND PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR PRODUCTS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES AND PRODUCTS. BANGER’S DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WILLING SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BANGER’S WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

Liability Limit

IN NO EVENT SHALL BANGER’S, ITS OFFICERS, DIRECTORS, EMPLOYEES OR BANGER’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BANGER’S SERVICES OR PRODUCTS, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. BANGER’S LIABILITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BANGER’S IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD  BANGER’S, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

No Guaranty

Banger’s does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Banger’s control.

 

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Banger’s products and services.

 

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

Governance

The state of Texas will be the governing body of this agreement and any disputes will be adjudicated by the courts in the state of Texas.

  

Disclosures 

The services hereunder are offered by Banger’s, located at 81 Rainey Street, Austin, TX  78732.