Epic Bowling Terms & Conditions of Use

1. Introduction

These Terms and Conditions of Use (the “Terms”) govern your access to and use of epicbowling.com (the “Site”) and your purchases from Epic Bowling, whether made on the Site or by phone. By using the Site or making a purchase, you agree to these Terms. If you do not agree, please do not use the Site.

Epic Bowling is a brand of BowlersMart LLC. The Epic Bowling Privacy Policy applies alongside these Terms and explains how we handle your information. Contests and sweepstakes we run carry their own official rules, and those rules govern them. If an official rule conflicts with these Terms for that promotion, the official 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 14 and we will help you complete your purchase or find the information you need.

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 are presented as choices; you are never required to add them to complete a purchase.

Shipping, returns, and taxes. Shipping options, 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. Our shipping information is at https://www.epicbowling.com/shipping-information/ and our return and exchange policy is at https://www.epicbowling.com/return-exchange-policy/.

4. Product Information on the Site

Epic products are our own. We publish their specifications, including coverstocks, cores, weights, materials, and sizing, from our own design specifications, and we stand behind them. We may change a specification as a product is revised, and the Site reflects the current version.

Actual product appearance can vary from photos. Colors vary by screen, and bowling balls in particular vary ball to ball in color distribution and pattern because of how the material is poured; a reasonable variation from the photo is not a defect. 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. EPIC, EPIC BOWLING, 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.

Any third-party brand names or logos that appear on the Site are trademarks of their respective owners. Their appearance identifies genuine products 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 14 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”). By submitting User Content, you give us 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. Where we collect reviews through an independent review platform, that platform’s own terms and privacy policy also apply to what you submit there.

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

9. Email

When you sign up for our emails, create an account, or make a purchase, we may send you marketing emails about Epic Bowling. You can opt out of marketing emails at any time using the unsubscribe link in any marketing email. Opting out of marketing does not stop service and transactional messages about your orders or your account. We use email service providers to send email on our behalf; the Privacy Policy describes how your information is handled.

10. 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.

Epic products carry the Epic warranty described on the product’s page, together with our returns and exchanges policy. Warranty coverage varies by product line, and the coverage stated on a product’s page at the time of your purchase is the coverage that applies to it. 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.

11. 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.

12. 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 Epic Bowling in the most expedient and cost effective manner, you and Epic Bowling agree that any dispute arising out of or in any way related to these Terms, the Site, or your purchases from Epic Bowling 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 EPIC BOWLING 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 Epic Bowling 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 Epic Bowling 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 Epic Bowling. 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 Epic Bowling 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”). Our address for Notice is: Epic Bowling, c/o BowlersMart LLC, 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 Epic Bowling will make good faith efforts to resolve the claim directly, but if you and Epic Bowling do not reach an agreement to do so within 30 days after the Notice is received, you or Epic Bowling may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Epic Bowling 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, Epic Bowling 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 Epic Bowling 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 Epic Bowling 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 Epic Bowling made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND EPIC BOWLING 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 Epic Bowling 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 Epic Bowling makes any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our 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 Epic Bowling.

(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 12 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.

13. 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.

14. 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.epicbowling.com/contact-us/, by email at [email protected], or by mail at Epic Bowling, c/o BowlersMart LLC, 14910 Edward R Noll Dr, Spring Hill, Florida 34609.