TABLE OF CONTENTS
- Customer Account Information
- Live Breaks
- Information Provided on the Breakers Rowe Website
- Third-Party Websites
- Order Acceptance and Billing
- Pricing Information
- Promotional Codes
- Shipping and Delivery
- Intellectual Property (IP)
- Limitations of Liability
Welcome to the Breakers Rowe website. By accessing this website, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the Breakers Rowe website and may be found in the sections below. If you do not agree to our terms and conditions, please do not use or make purchases through this website.
CUSTOMER ACCOUNT INFORMATION
You certify that the information you provide to us via the Breakers Rowe website is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Breakers Rowe immediately by sending an e-mail to: email@example.com. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Breakers Rowe website, or any portion of the Breakers Rowe website, at any time without notice.
A “live break” is a service where a member of our staff, known as a "breaker," opens a case, box, or pack of collectable sports trading cards for an individual or group of people during a live streamed broadcast. Participating in any of our breaks is NOT considered a game of chance, but rather a method of card collecting for sports enthusiasts.
By placing your order for a “break,” you understand there is no guarantee of any particular cards with your purchase from the particular break. When participating in one of our “live box/case break events,” you are NOT purchasing a full box/case of cards or any guarantee of receiving any particular cards whatsoever.
You are entitled to one (1) base card for every spot purchased that does not receive any hits in a break. However, we do NOT ship out these base cards to you. By purchasing a spot in a live break through our website, you agree to donate any random base cards you would receive for these "no cards pulled" spots to charity. You are opting out of receiving any of these random base card(s) provided for a spot purchased that does not result in a card from a break. You also consent to having your random base card(s) donated to local charities along with any other cards currently allocated for donation by Breakers Rowe.
Periodically, we may also do giveaways, such as T-shirts, just for participating in our live breaks and for being a member of our website.
INFORMATION PROVIDED ON THE BREAKERS ROWE WEBSITE
Breakers Rowe assumes no liability to you for the content on the Breakers Rowe website that you find offensive, indecent, or objectionable. Certain products are labeled with age restrictions and may be intended for mature audiences only. By ordering an age restricted item, you certify that you satisfy the age restrictions. If you are under the age of majority in your jurisdiction, you may use the Breakers Rowe website only with involvement of a parent or guardian.
Breakers Rowe posts a variety of material on the website including without limitation, merchandise information, product descriptions, reviews, and comments (collectively called “Materials”). The Materials that appear on the Breakers Rowe website are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Breakers Rowe website, you should confirm any facts that are important to your decision. Breakers Rowe and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Breakers Rowe website. Breakers Rowe is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose websites we link. Product information contained on the Breakers Rowe website may be different from information contained on the product materials due to manufacturer changes.
BREAKERS ROWE AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE BREAKERS ROW WEBSITE.
References on Breakers Rowe to any names, marks, products, or services of third-parties, or links to third-party websites or information are not an endorsement, sponsorship, or recommendation of the third-party, its information, products, or services. Breakers Rowe is not responsible for the content of any third-party linked website or any link contained in a linked website. Your use of a third-party website linked from Breakers Rowe is at your own risk and will be governed by such third-party’s terms and policies.
ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order, we may request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance systems.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) at that time. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Breakers Rowe may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
Breakers Rowe reserves the right to limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify the customer should such limits be applied. Breakers Rowe also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Breakers Rowe for the purpose of engaging in a commercial sale of that same product(s) with a third-party.
Breakers Rowe cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Breakers Rowe website or its vendors. Breakers Rowe reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Breakers Rowe. Breakers Rowe may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
SHIPPING AND DELIVERY
Delivery of items purchased from Breakers Rowe to addresses outside the United States is limited. Some items also have restricted delivery within the United States. For delivery restrictions, please review our shipping terms. Delivery times are determined and based on the method of shipping chosen when items are purchased and the destination of the items. Some items on “pre-sale” will have delayed shipping due to manufactures ship dates. Breakers Rowe is not responsible for these changes or delays.
INTELLECTUAL PROPERTY (IP)
All copyrights, trademarks, and other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively called "IP") are owned, controlled or licensed by Breakers Rowe or by third-parties who have licensed their materials to Breakers Rowe and are protected by U.S. and international trademark and copyright laws.
The Breakers Rowe name and logo included in or made available through the Breakers Rowe website are trademarks of Breakers Rowe in the U.S. and other countries. All other marks are the property of their respective companies. We have no affiliation with nor are we endorsed by the NFL, NBA, MLB, UFC, ESPN, CBS, FOX, ABC, CNN and/or any other 3rd party RSS feeds. These are the property of their respective companies/owners.
Breakers Rowe respects the privacy concerns of the visitors to Breakers Rowe website. As a general policy, no personal information is automatically collected from users of the site. In the event that we do collect any personally identifiable data about visitors to this site, that information is only collected on a voluntary basis, and it is only known to Breakers Rowe.
Certain non-personal information of visitors (for example, the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor’s Internet service provider) is recorded by the standard operation of Breakers Rowe’s Internet servers. This information is primarily used for internal purposes, and only in an aggregate and non-personally-identifying form. However, Breakers Rowe sometimes does provide this information, in aggregate and non-personally identifying form, to other parties for the daily operation of the site(s) or other use. An example of this would be the “Rowebucks” program where certain but limited information is needed in order for you to receive your reward points.
Personally-identifiable information may be collected by Breakers Rowe when website visitors voluntarily provide this information (including when visitors fill out contest entry forms, subscribe to newsletters/information bulletins, or participate in other types of promotions). All such personal information is retained by Breakers Rowe and is not sold or otherwise transferred outside the company unless we obtain the user’s express consent to do so or if we are required by law or by court/governmental order to disclose such information in a particular circumstance. This information is used by Breakers Rowe for internal marketing and promotional purposes, in order to better understand the use of our site, and to support promotions included on our site, as well as to enhance user enjoyment during the online experience. This data, in aggregate, non-personally-identifying form, may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifying information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters/bulletins, being notified if you have won one of our contests, or to resolve issues pertaining to orders you have placed. Each e-mail newsletter or bulletin contains instructions on how to discontinue receipt of the newsletter or bulletin.
Our standard policy is that no information is shared with any third-party for resale or distribution. If you use PayPal Express checkout or any third-party link from our website, please refer to PayPal’s or that third-party’s privacy policies. Breakers Rowe is not responsible for how your information is used or stored off site. Clicking on any third-party links will require you to view the privacy policies of those third-party sites.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers.
We may disclose your personal information if we are required by law to do so.
You agree to defend, indemnify, and hold harmless Breakers Rowe from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Breakers Rowe website or any breach by you of this Agreement.
This website is provided by Breakers Rowe on an “as is” and “as available” basis. Breakers Rowe makes no representations or warranties of any kind, express or implied, as to the operation of the Breakers Rowe website or the information, content, materials, or products included on the Breakers Rowe website. To the full extent permissible by applicable law, Breakers Rowe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Breakers Rowe disclaims any and all warranties, express or implied, for any merchandise offered on the Breakers Rowe website. You acknowledge, by your use of the Breakers Rowe website, that your use of the Breakers Rowe website is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Breakers Rowe or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Breakers Rowe website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Breakers Rowe has been advised of or should have known of the possibility of such damages. Subject to the foregoing, in no event will Breakers Rowe be liable for any damages in excess of the fees paid by you in connection with your use of the Breakers Rowe website during the six-month period preceding the date on which the claim arose.
Last updated on March 22, 2018