BowlersMart Terms & Conditions of Use

1. Introduction

These Terms and Conditions of Use (the “Terms”) govern your access to and use of bowlersmart.com and any BowlersMart mobile application (together, the “Site”), and your purchases from BowlersMart, whether made on the Site, by phone, or at a participating BowlersMart pro shop counter. By using the Site or making a purchase, you agree to these Terms. If you do not agree, please do not use the Site.

Some BowlersMart services carry their own additional terms, which apply alongside these Terms for those services: the Striking Rewards Program Terms & Conditions (for the loyalty program), the BowlersMart Messaging Terms & Conditions and Messaging Privacy Policy (for text messages), and the BowlersMart Privacy Policy. Contests and sweepstakes we run carry their own official rules, and those rules govern them. If a service-specific term or official rule conflicts with these Terms for that service or promotion, the service-specific term or rule controls.

2. Your Use of the Site

The Site is intended for individuals who are at least 18 years old, or who use it with the involvement of a parent or guardian. You may use the Site for personal, lawful purposes. You agree not to: use the Site in a way that violates any law; interfere with the Site’s operation or security; use bots, scrapers, or automated tools to access the Site or its content without our written permission; attempt to access accounts or systems you are not authorized to access; or misrepresent your identity.

If you create an account, you are responsible for your login credentials and for activity under your account. Give us accurate information and keep it current. We may suspend or close accounts that violate these Terms.

We work to make the Site accessible to everyone. If you have difficulty using the Site, contact us as described in Section 15 and we will help you complete your purchase or find the information you need.

Mobile app license. If we offer a BowlersMart mobile application, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use it on devices you own or control, for your personal use, subject to these Terms. The terms of the app store you download it from (such as the Apple App Store or Google Play) also apply to the app, and if they conflict with these Terms for the app itself, the app store’s required terms control.

3. Placing Your Orders

Order acceptance. Your order is an offer to buy. Our order confirmation email acknowledges that we received your order; it is not acceptance. We accept your order when we ship it. We may decline or cancel any order before shipment, including for suspected fraud, errors in pricing or product information, or stock limitations, and if we do, we will notify you and refund any amount you paid.

Pricing and errors. We work hard to keep prices and product information accurate, but errors happen. If an item’s correct price is higher than the price displayed when you ordered, we will contact you before charging or shipping so you can confirm at the correct price or cancel for a full refund. We are not obligated to honor a price that is the result of an obvious error.

Availability. Products are subject to availability. Some products are sold as pre-orders or backorders with estimated ship dates that can change; we will keep you informed if the estimate moves.

Payment. You agree that your payment information is accurate and that you are authorized to use the payment method you provide. Optional services offered at checkout (for example, package protection) are presented as choices; you are never required to add them to complete a purchase.

Gift cards. BowlersMart gift cards do not expire, and we do not charge fees on them. Gift cards can be applied toward purchases where accepted, cannot be reloaded, and are not redeemable or exchangeable for cash except where the law requires it. Treat a gift card like cash: except where the law requires otherwise, we cannot replace lost or stolen gift cards or restore value spent without your permission. You can check a gift card balance at https://www.bowlersmart.com/balance/.

Shipping, returns, and taxes. Shipping options and delivery estimates, our returns and exchanges policy, and applicable sales tax are described on the Site and at checkout. The returns and exchanges policy posted on the Site at the time of your purchase applies to that purchase.

4. Product Information on the Site

We do our best to describe products accurately, including specifications provided by manufacturers. Actual product appearance can vary from photos, and manufacturers can change specifications without notice. Colors vary by screen, and many bowling balls vary ball to ball in color distribution and pattern; a reasonable variation from photos is not a defect. Ball weights, coverstocks, and core specifications are provided by their manufacturers. If something about a product matters to your purchase, contact us before ordering and we will confirm what we can.

Content on the Site, including buying guides, articles, and tips, is provided for general information. It is not a guarantee of results on the lanes.

5. Intellectual Property

The Site and its content that we created, including our text, layouts, graphics, logos, and photographs, belong to BowlersMart LLC or our licensors and are protected by copyright, trademark, and other laws. BOWLERSMART and our logos are our trademarks. You may not copy, republish, or commercially exploit Site content without our written permission, except that you may share links to the Site and use Site features intended for sharing.

Manufacturer brand names and logos that appear on the Site (for example, the marks of the ball, bag, shoe, and apparel brands we carry) are trademarks of their respective owners. Their appearance on the Site identifies genuine products we sell and does not imply any other affiliation or endorsement.

If you believe content on the Site infringes your copyright or other intellectual property rights, contact us as described in Section 15 with the details and we will review it promptly.

6. Links to Other Sites

The Site may link to websites we do not operate, and other sites may link to us. We are not responsible for the content or practices of sites we do not operate. A link is not an endorsement.

7. Reviews and User Content

We invite customers to submit product reviews, photos, questions, and similar content (“User Content”), directly and through Shopper Approved, the independent review platform we use to collect and display verified customer reviews. By submitting User Content, you give BowlersMart a perpetual, worldwide, royalty-free license to use, reproduce, display, and adapt it in connection with our business, including on the Site and in our marketing, with or without your name as submitted. Reviews you submit through Shopper Approved are also subject to Shopper Approved’s own terms and privacy policy.

You agree that your User Content is your own honest experience, does not infringe anyone’s rights, and contains nothing unlawful, deceptive, or abusive. You must have actually purchased or used a product to review it. We may decline to post, or may remove, User Content at our discretion, but we do not suppress reviews just because they are negative: honest reviews, good and bad, are what make reviews worth reading.

8. Privacy

The BowlersMart Privacy Policy, available at https://www.bowlersmart.com/privacy-policy/, explains what information we collect and how we use it, and is incorporated into these Terms by reference.

9. Email, Text, and Push Notifications

Email. When you sign up for our emails, create an account, or make a purchase, we may send you marketing emails about BowlersMart. You can opt out of marketing emails at any time using the unsubscribe link in any marketing email or at https://www.bowlersmart.com/newsletter-unsubscribe/. Opting out of marketing does not stop service and transactional messages about your orders, your account, or your Striking Rewards activity. We use email service providers to send email on our behalf; the Privacy Policy describes how your information is handled.

Text messages. BowlersMart text messages are a separate service governed by the BowlersMart Messaging Terms & Conditions (https://attnl.tv/t/QF8) and the Messaging Privacy Policy (https://attnl.tv/p/QF8). Signing up for texts is never a condition of purchase.

Push notifications. If you install a BowlersMart mobile application, your device will ask whether to allow push notifications; the choice is yours, and the app works without them. Notifications you allow can include service updates, such as order status and Striking Rewards activity, and, only if you opt in to them, offers and promotions. You can turn push notifications off at any time in your device settings or in the app’s settings. Push notifications are not text messages and are not governed by the Messaging Terms above.

10. Striking Rewards

The Striking Rewards loyalty program is governed by the Striking Rewards Program Terms & Conditions, available at https://www.bowlersmart.com/striking-rewards-terms/, which apply in addition to these Terms when you participate in the program.

11. Warranty Disclaimer; Limitation of Liability

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not promise that the Site will be uninterrupted, error-free, or secure.

Products we sell are covered by their manufacturers’ warranties where offered, and by our returns and exchanges policy. Nothing in this Section limits the warranties, remedies, or rights the law gives you that cannot be disclaimed, including your rights under our posted returns policy.

To the fullest extent the law allows, BowlersMart LLC and its owners, affiliates, and employees are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to the Site or your purchases, and our total liability for any claim arising out of or relating to the Site or a purchase will not exceed the greater of the amount you paid for the purchase giving rise to the claim or $100. Some states do not allow certain warranty disclaimers or damages limitations, so parts of this Section may not apply to you; in those states, our liability is limited to the smallest amount the law allows.

12. Indemnification

You agree to indemnify and hold harmless BowlersMart LLC and its owners, affiliates, and employees from claims, damages, and reasonable costs (including attorneys’ fees) arising out of your violation of these Terms, your User Content, or your unlawful use of the Site, except to the extent caused by our own breach of these Terms.

13. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or relating to the Site, your purchases, or these Terms, are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except that the agreement to arbitrate below is governed by the Federal Arbitration Act. For any claim that under subsection (b) below may be brought in court, you and we agree to the exclusive jurisdiction of the state and federal courts located in Hernando County, Florida, except that a small-claims action may be brought in your local small claims court where its rules require.

(a) General. In the interest of resolving disputes between you and BowlersMart in the most expedient and cost effective manner, you and BowlersMart agree that any dispute arising out of or in any way related to these Terms, the Site, or your purchases from BowlersMart will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, the Site, or your purchases, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND BOWLERSMART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(b) Exceptions. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or BowlersMart to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(c) Arbitrator. Any arbitration between you and BowlersMart will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BowlersMart. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d) Notice; Process. If you or BowlersMart intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). BowlersMart’s address for Notice is: 14910 Edward R Noll Dr, Spring Hill, Florida 34609, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and BowlersMart will make good faith efforts to resolve the claim directly, but if you and BowlersMart do not reach an agreement to do so within 30 days after the Notice is received, you or BowlersMart may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BowlersMart must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

(e) Fees. If you commence arbitration in accordance with these Terms, BowlersMart will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BowlersMart for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and BowlersMart agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or BowlersMart made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND BOWLERSMART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BowlersMart agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(g) Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms, if BowlersMart makes any future change to this arbitration provision, other than a change to BowlersMart’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to BowlersMart’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and BowlersMart.

(h) Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of this Section 13 is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect.

14. Changes to the Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and update the “Last updated” date above, and where the law requires it we will give you additional notice. A change takes effect when we post it unless we state a later date, and it applies to your use of the Site and purchases made after it takes effect; changes do not apply retroactively to purchases you already made. If you continue to use the Site after a change takes effect, you accept the change.

15. Miscellaneous

These Terms, together with the policies and additional terms they reference, are the entire agreement between you and us about the Site and replace any earlier or conflicting description of it. If any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part is enforced to the greatest extent permitted. If we do not enforce a part of these Terms on one occasion, that is not a waiver of our right to enforce it later. You may not assign these Terms; we may assign them, including in connection with a merger, acquisition, reorganization, or sale of all or part of our business. The Site is operated from the United States and intended for U.S. customers; it is void where prohibited by law.

If you have questions about these Terms, contact us: through the contact form at https://www.bowlersmart.com/contact-us/, by phone at (256) 579-1039, or by mail at BowlersMart, 14910 Edward R Noll Dr, Spring Hill, Florida 34609.