Terms & Conditions
Last modified: November 8, 2023
Please read the terms and conditions set forth below, which are legally binding. By visiting, viewing or using this Website and any program, product, course or service from us, you agree to be bound by these Terms & Conditions, Disclaimers and our Privacy Policy.
BADS.CO (the “Website”), which is operated by STOYKOFF LLC (“Company”, “we”, “us”, or “our”), provides visitors information on https://bads.co subject to the following terms and conditions (“Terms & Conditions”). The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service of the Company (each, a “Product” or a “Service”).
By viewing, visiting or using the website and/or a Product and/or a Service, you indicate your acceptance and agreement to be bound by these Terms & Conditions, our Disclaimers and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not accept the terms and conditions of this Agreement, please DO NOT use the Website and/or any Products and/or Services provided by the Company.
We reserve the right to amend this Agreement at any time without notifying you. It is your responsibility to check for updates, as your continued use of the Website or any Products or Services after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.
GUIDELINES FOR USE
We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the Website or any Product or Service, you agree to abide by these Guidelines, which are as follows:
- You will comply with all applicable law.
- You will not send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise.
- You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity.
- You will not send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable.
- You will not send, email, or otherwise make available any material which would reveal the personal information of another individual.
- You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product.
- You will not engage in any unsolicited or unauthorized advertising nor will you send any spam.
- You will not attempt to gain unauthorized access to any portion of the website or any of our Products or Services.
- You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party.
- You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems.
- You will not engage in market research or any research intended to help a competitor.
- You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent.
- You will not block or cover any advertisements on the Website.
- With the exception of any personal information you share (which is covered under our Privacy Policy), once you send, email, or otherwise make available any material, we have the right to display, repurpose or otherwise use such material in any way.
- You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
We reserve the right to deny you access to the Website and/or any Products and Services in our sole discretion at any time and for any reason without notifying you.
INTELLECTUAL PROPERTY
The Website, its content and all our Products and Services, including but not limited to videos, coursework, training modules, photographs, sound recordings, images, logos, digital content, material available as a free download, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).
While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:
- Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices.
- You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.
It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us via our contact page.
NO WARRANTIES
The Website and our Products and Services are provided on an “as is” and “as available” basis and your use of the Website and our Products or Services is entirely and solely at your own risk. To the maximum extent permitted by law, we disclaim all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. We do not make any express or implied warranties that the Website will operate without error or that the Website and its content, the servers relied on and our Products and Services are free from computer viruses or other potentially harmful or destructive features. We will never knowingly send you anything that contains computer viruses or other potentially harmful and destructive features. We do not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access the Website or any Products and Services or your reliance on any advice, opinion, information, representation or omission contained on or received through this Website or any Products or Services of the Company.
This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.
INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of the Website or any of our Products and Services, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights. We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.
LIMITED LICENSE
Notwithstanding any other provisions in this Agreement, if you purchase and/or download and/or use any of our Products and Services, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use. You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use.
Your License is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products and Services and invoice you for any damages.
CONFIDENTIAL INFORMATION
It is your responsibility not to send, email, or otherwise make available any materials that contain any confidential information.
FEES
When you purchase any Product or Service through this website, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing and debit or credit card information. If you are on a payment plan or recurring payment, it is your responsibility to keep an up-to-date payment method with us. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.
WEBSITE AVAILABILITY
Your access to the Website and our Products and Services may occasionally be restricted, such as when we need to make repairs or are introducing new features. Your access to the Website and our Products and Services may also become permanently disabled, such as if we decide to terminate the operation of the Website and our Products and Services. We cannot guarantee that you will have continuous access to the Website and our Products and Services.
SHOPPING
We are working with trusted third-party partners to provide high quality products for our customers. We do not guarantee, warrant or endorse any product or service not manufactured by us, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured by us. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access BADS.CO.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. STOYKOFF LLC reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Upon submission of your order, you will receive a confirmation of receipt by email. Prior to sending shipping confirmation, we reserve the right to reject an order based on lack or limitation of availability of Products ordered.
ORDER PROCESSING
Orders placed on BADS.CO are processed and shipped within 3-7 business days. Weekends and major holidays may slow down your delivery. Once your order is processed and shipped, you will receive an email notification.
You should make sure that all details you are providing to us are complete and correct. Cancellation and address modification requests for orders placed on Friday-Sunday or non-business days may not be accepted in certain circumstances.
FINAL SALE
All products marked as “FINAL SALE” are not eligible for returns or refunds.
All prices are based off of product purchase price and do not include the sales tax where applicable.
NO PURCHASE FOR RESALE
You may place orders on our Website only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities. By ordering merchandise, you agree that you are purchasing for personal use and not for resale. We reserve the right to refuse any orders without warning or explanation.
BULK PURCHASING
For orders purchased in bulk, STOYKOFF LLC reserves the right to refuse cancellation and return requests.
COLOR
We have made every effort to display as accurately as possible the colors of the advertised products that appear on our Website. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
ORDER CANCELLATIONS
By clicking the button “Purchase” you submit a legally binding offer. After clicking “Purchase”, your order will be submitted and you will no longer be able to cancel or change your order.
After the submission of your order, you will receive an email confirmation. The order that you submit to us does not become binding upon STOYKOFF LLC, however, until you receive a shipping confirmation or, until the products ordered are shipped. Prior to sending your shipping confirmation, STOYKOFF LLC reserves the right to reject an order because of lack or limitation of availability of the products you ordered.
DELIVERY & PARTIAL DELIVERIES
We and our partners try to deliver the products to you in a reasonable timeframe. We shall not be liable to you for delays in delivery or damage to the products while in transit. We may, within our discretion cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.
We are entitled to make partial deliveries of products ordered.
RETURNS & REFUNDS
We offer refunds for all physical products that we sell on our Website for up to 30 days after your purchase. If you are not satisfied with a physical product you purchased from us, please contact us via our contact page or send us an email at bads@bads.co within 30 days of your purchase and we will issue you a full refund. We do not offer refunds if you contact us after more than 30 days have passed since you purchased a physical product from us. We reserve the right to change our refund policy at any time.
If abuse of returns and refunds is identified, STOYKOFF LLC reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision.
For more information on returns and refunds, please visit our Shipping & Returns page.
INTERNATIONAL DUTIES & TAXES
We can ship orders internationally, but we can’t offer you the ability to pre-pay your duties, import fees, taxes and other related local charges upfront. Depending on where the order is shipped to you may be required to pay these duties and taxes yourself upon receiving your order.
If you would like to return your international order, please note that we do not offer reimbursement of the customs duties or any other local taxes or fees upon return. You will have to contact the local agency the duties, taxes, fees or charges have been paid to for further assistance in receiving such reimbursement.
GOVERNING LAW
All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of the state of Florida, United States of America, without regard to conflicts of laws principles that would require the application of any other law.
BINDING ARBITRATION
In the event that either party asserts that there is a dispute arising out of or relating to this Agreement, such party shall first notify the other party in writing, specifying the nature of the dispute and scheduling a meeting to attempt to resolve the dispute.
If no resolution is reached within thirty (30) calendar days of the delivery of the written notice, either party may then elect to exclusively and finally resolve the dispute by binding arbitration by filing a written notice of arbitration in accordance with this section under the subheading “Binding Arbitration” and the Rules of Conciliation and Arbitration of the International Chamber of Commerce applicable at the time of submission of the dispute to arbitration (the “ICC Rules”).
Notwithstanding anything to the contrary in the ICC Rules, the following Terms & Conditions shall apply.
The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall have the right to appoint one (1) arbitrator within fifteen (15) days following the delivery of the written notice of arbitration, and a third arbitrator shall be selected by those two (2) party-appointed arbitrators within thirty (30) days of the appointment of the two (2) party-appointed arbitrators.
The arbitration proceedings shall be held in Miami, Florida, United States of America in English language.
The parties shall equally bear the costs and fees of the arbitration, and each party shall bear its own cost for its own legal expenses. The arbitrators shall apply the substantive law set forth in the section of this Agreement under the subheading “Governing Law”. Any arbitration proceeding shall be conducted on a confidential basis.
The arbitrators shall specify the reason and basis for their decision, the reason for any damages awarded and the breakdown for such damages awarded, and the basis for any other remedy authorized under this Agreement, including but not limited to injunctive relief or specific performance. For the avoidance of doubt, nothing in this Agreement shall prevent us from seeking injunctive or other equitable relief.
The decision of the arbitrators shall be considered as a final and binding resolution of the dispute, shall be final and binding on the parties, and shall not be subject to appeal or reexamination. The award of the arbitrators may be entered as a judgment and enforced by any court of competent jurisdiction.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY PROCEEDINGS, ACTION OR COUNTERCLAIM.
INJUNCTIVE OR OTHER EQUITABLE RELIEF
We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state or federal courts of the State of Florida, United States of America. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.
CLASS ACTION WAIVER
You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.
YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
ENTIRE AGREEMENT
This Agreement, the Disclaimers (below) and the Privacy Policy contain the entire agreement between you and the Company with respect to the subject matter and supersede all prior agreements and undertakings, both written and oral.
TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the Website and all Products and/or Services at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the Website or Products and Services at any time and for any purpose without prior notice.
SEVERABILITY
If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.
MISCELLANEOUS
Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.
Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.
The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’s fees, costs and disbursements in addition to any other relief to which such party may be entitled.
DISCLAIMERS
Please read the Disclaimers set forth below, which are legally binding. By visiting, viewing or using this Website and/or by using any program, product, course or service from us, you agree to be bound by this Disclaimer, our Terms & Conditions and our Privacy Policy.
BADS.CO (the “Website”), which is operated by STOYKOFF LLC (“Company”, “we”, “us”, or “our”), provides visitors information on https://bads.co as a public service, subject to the following terms and conditions (“Disclaimer”). The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service of the Company (each, a “Product” or a “Service”).
GENERAL DISCLAIMER
The content on the Website as well as our Products and Services are provided to you on an “as is, as available” basis and we make no representations of warranties of any kind with respect to this Website or its contents. While we strive to provide you with quality content, we give no representation or warranty that our content is accurate, complete, updated, timely, relevant or free from typographical, technical, informational or pricing errors and omissions, whether negligent or otherwise. By using the Website or any of our Products and Services, you agree and acknowledge that your use of this website and any Products and Services is solely at your own risk. We do not take responsibility for any harm caused by your incorrect or dangerous use of our physical products.
Products, price and availability information are subject to change at any time without notice. The prices listed on the Website are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on the Website, under no legal theory, tort, contract or otherwise shall STOYKOFF LLC nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use our Website: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. STOYKOFF LLC also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
NOT PROFESSIONAL ADVICE
This website does not contain professional advice, nor is any professional-client relationship established with you through your use of this website. Any information found on or derived from this website should not be a substitute for and cannot be relied on as any legal, tax, real estate, medical, financial, risk management, marital or other professional advice. If you require any such advice, please consult with a licensed or knowledgeable professional in that area before taking any action.
YOUR RESPONSIBILITY
It is your responsibility to take all necessary steps to independently verify and ascertain that any information obtained via the Website and our Products and Services that you choose to rely on or take action based upon is accurate. We are not responsible for your use of the information obtained from or accessed through the Website and our Products and Services.
EARNINGS DISCLAIMER
While we may, on the Website, through any of our Products or Services or in our communications, reference certain results or outcomes, you agree and acknowledge that information about these results or outcomes are received from third parties and we have no control over the accuracy of such statements, nor is there any guarantee that you can achieve the same results or outcomes. You agree and acknowledge that these results are not guaranteed or typical in any way and that individual outcomes may vary. The content regarding some results or outcomes on the Website and in our Products and Services is for information and example purposes only. Please DO NOT rely on these results or outcomes.
THIRD PARTY LINKS
Our website may contain links to third party websites, for example, through hyperlinks we provide or through banners or advertisements, solely as a convenience to you. However, we are not responsible for any content found on or accessed through any links to third party websites. Any links to third party websites we provide DO NOT serve as endorsements by us for the third party website or any of the products or services you may find on such website. We have no control over third parties and assume no responsibility for any third party websites or any of the products or services you may find on such websites, even if you access a third party website through a link on our website. If you choose to access a third party website, it is solely at your own risk.
TESTIMONIALS DISCLAIMER
This website may contain testimonials by users of our Website and Products and Services. Each testimonial reflects solely the personal view, opinion or experience of the individual providing the testimonial and does not reflect our views or opinions. You should not rely on any testimonial as indicative of a certain result or outcome. We do not claim, nor should you assume that your use of our Products and Services will lead to the same result or outcome. We also do not independently verify, nor can we guarantee the accuracy of any information provided in such testimonials. Except for correcting spelling and grammatical errors, each testimonial appears verbatim as we have received it. We do not pay or provide any form of compensation to individuals for providing testimonials.
AFFILIATE DISCLAIMER
This website may contain links to affiliate websites. When you click on and/or make a purchase and/or subscribe or use a service through an affiliate link placed on our website, we may receive a small commission or other form of compensation at no additional cost to you. Please assume that any links contained on our website may be affiliate links. Our use of affiliate links does not influence the products, services and websites that we share with you. This Disclaimer applies to all of the various means we use to communicate with you, including via this website, email, phone, social media, our Products and Services or otherwise.
AMAZON AFFILIATE DISCLAIMER
We may eventually be a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to products on Amazon.com and affiliated sites. When you click on and/or make a purchase through a link to an Amazon affiliate link placed on our website, we may receive a small commission at no additional cost to you.
FAIR USE DISCLAIMER
We may use copyrighted material on our website without specific authorization. In these instances, we do so because we believe such use constitutes fair use of any such copyrighted material under Section 107 of the United States copyright law.
CHANGES TO THE DISCLAIMERS
We reserve the right to amend these Disclaimers at any time without notifying you. It is your responsibility to check for updates, as your continued use of the Website and our Products and Services after this Disclaimer is amended will constitute your acceptance and agreement to continue to be bound by these Disclaimers, as amended.
HOW TO CONTACT US
If you have any questions, please contact us via our contact page or send an email to bads@bads.co.