Policies

our policies

THE BATTERY ATLANTA- CODE OF CONDUCT

El código de conducta también está disponible en español.

For the comfort, safety and security of everyone on the premises, the following code of conduct has been established. The Battery Atlanta reserves the right to refuse entry to any person and remove any person who is being unruly or disruptive or violates this Code of Conduct in any manner or is unwilling to comply with this Code of Conduct. Property under surveillance.

THE FOLLOWING ARE EXPRESSLY PROHIBITED:

Tobacco use of any kind (including electronic cigarettes and vaporizers) except in designated areas. The only designated smoking area is outside of the Red Parking Deck, Level 3 as noted via signage.
Illegal drug use.
Loitering and solicitation. Ticket resale and unauthorized commercial activity, including driving or parking vehicles with advertisement wraps, logos or decals, are expressly prohibited.
Carrying a weapon of any kind (including firearms).
Inappropriate, disruptive, or unlawful behavior (including the use of profanity, abusive language, symbols or gestures, shouting or playing music without the use of headphones). Substance abuse, including excessive consumption of alcohol is cause for removal from The Battery Atlanta
Pets except when leashed and in designated areas only. Service animals are always permitted. Cleaning up after your pet is required.
Skating, board riding, bicycling and motorized personal vehicles on sidewalks and restricted areas.
Unauthorized drones, unmanned vehicles, and remote-controlled vehicles.
Littering, defacing, or destroying property.
Inappropriate clothing. Visible undergarments or clothing which exposes excessive portions of skin which may be viewed as inappropriate for a family-friendly environment are prohibited. Further examples of inappropriate clothing are those which display: profanity, pornography, graphic violence, support of drugs or drug use, gang symbols and the promotion of discrimination against any group. Shirts and shoes are required.
Distributing material, demonstrating, conducting interviews, taking professional photos, videos, or audio recordings (without The Battery Atlanta approval).
Violating the Open Container Zone Policy.

Guests are encouraged to report any incidents and violations of this policy to The Battery Atlanta Security by phone call at 404-614-2110.

THE BATTERY ATLANTA- OPEN CONTAINER POLICY

The Open Container Zone is restricted to the areas as identified in The Battery Atlanta.
The sale and service of alcoholic beverages to anyone under the age of 21 is strictly prohibited.
The purchase, possession and consumption of alcoholic beverages by anyone under the age of 21 is strictly prohibited.
Guests must provide valid photo identification to purchase alcohol.
Open container alcoholic beverages may not be brought into or brought out of the Open Container Zone.
The Battery Atlanta reserves the right to remove any guest who is being unruly or disruptive or violates these policies. Excessive consumption of alcohol is cause for removal from The Battery Atlanta.
Guests passing alcohol to minors and minors purchasing, possessing or consuming alcohol will be removed from the premises and turned into authorities.
Guests are not permitted to have opened alcoholic beverages in the parking decks serving The Battery Atlanta.
No individual shall be permitted to purchase or possess more than two (2) alcoholic beverages in the Open Container Zone at one time.
Open container alcoholic beverages must be contained in The Battery Atlanta approved plastic cups that are issued by authorized tenants and vendors in The Battery Atlanta.
No glass containers are permitted in the Open Container Zone.

*WRISTBANDS REQUIRED ON GAMEDAYS AND IDENTIFIED SPECIAL EVENT DAYS

In addition to the rules above, on Gamedays and Special Event days identified by The Battery Atlanta, guests must obtain a valid Open Container Zone Wristband issued by a certified tenant or vendor in The Battery Atlanta in order to purchase and possess an alcoholic beverage in the Open Container Zone.
Open Container Zone Wristbands are valid only for the date of purchase.

THE BATTERY ATLANTA- TERMS OF USE

Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your Use (as defined below) of the Braves Development Company, LLC (“BDC”, “we”, “us”, or “our”) website located at http://batteryatl.com/ (the “Website”), any mobile applications associated with the Website (the “Mobile Applications”) or any associated Content (as defined below), material, or functionality contained on the Website or Mobile Applications (the “Services” and, together with the Website and the Mobile Applications, collectively, the “System”). The System is the property of BDC and its licensors. By accessing, browsing, downloading, using, or registering for any Content or Services, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use the System, or any portion thereof. Any use of the System is at the sole risk of the user. References to “BDC” shall include Braves Development Company, LLC and all of its members, affiliates, subsidiaries, directors, officers, agents, and employees.

Changes to the Terms of Use

We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or services that we may make available on or through the System. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use on the System, or providing other notice on the System. You should view these Terms of Use often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the System and its Content, at any time, without prior notice to you. The version of these Terms of Use posted under Policies on each respective date you visit the System shall be the Terms of Use applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use and the Privacy Policy which were in force on each respective date you visited the System.

Access and Use

In these Terms of Use, “you” and “your” refer to (a) you, the individual accessing the System, (b) any electronic agent accessing the System on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System. You represent and agree that all information that you provide to BDC in connection with your access to and use of the System is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the System (or any portions, components, or features of the System) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the System.

BDC grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Websites or Mobile Applications contained therein). You further agree not to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of BDC. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly specified in a prior agreement between you and BDC.

As a condition of your use of the System (including the Services), you agree that you will not Use the System for any purpose that is unlawful or prohibited by these Terms of Use. You also agree to reimburse us for any damage, loss, cost or expense we incur, including any legal fees, because of your Use of the System or the Services for any unlawful or prohibited purpose.

Privacy Policy

BDC’s privacy policy (the “Privacy Policy”) applies to your use of the System, and its terms are made a part of these Terms of Use by this reference. To view BDC’s Privacy Policy, please see Privacy Policy. We encourage you to read and become familiar with our privacy practices, as described in the Privacy Policy.

No Unlawful or Prohibited Use

Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by BDC to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the System, you agree you will not:

Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any BDC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes,” or any other form of solicitation, commercial, or otherwise;
Violate any applicable local, state, national, or international law;
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
Delete or revise any material posted by any other person or entity;
Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
Harvest or otherwise collect information about others, including e-mail addresses; or
Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.

BDC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. BDC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, BDC reserves the right at all times to disclose any information as BDC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BDC’s sole discretion. You also agree to reimburse BDC for any damage, loss, cost or expense BDC incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System for any unlawful or prohibited purpose.

Any information, communications, or material of any type or nature that you submit to the System or any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. BDC does not own any Submissions provided via the System. However, by inputting/submitting such Submissions you are granting BDC a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

BDC neither actively monitors general use of the System under normal circumstances, nor exercises editorial control over any Submissions. However, BDC does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in BDC’s sole discretion, may be illegal, may subject BDC to liability, may violate these Terms of Use, or are, in the sole discretion of BDC, inconsistent with BDC’s purpose for the System.

Proprietary Content

BDC respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort, and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that BDC owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of BDC or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third Party Materials or any features, opportunities, or services made available through the Linked Websites.

Except as expressly provided in these Terms of Use, no part of the System or the Services, and no Content, materials, or other information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without BDC’s express prior written consent.

The posting of information or other materials or Content on the System by BDC does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.

Notice Regarding Copyright Agent

BDC respects the intellectual property rights of others and requests that users of our System do the same. If you believe that any content on the System violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the applicable portion of the System containing the following:

· An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

· Identification of the copyrighted work claimed to have been infringed;

· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit BDC to locate the material;

· The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

· A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

· A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BDC Copyright Agent

800 Battery Avenue; Suite 130

Atlanta, Georgia 30339

BatteryInfo@Braves.com

Disclaimer of Warranties

BDC does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or BDC, or that you access, use, download, or otherwise obtain on or through the System or BDC, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

The information, software, CONTENT, SERVICES, or materials available from or provided on the System or via the Services, is provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

BDC AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH BDC ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH BDC ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. BDC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, BDC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. BDC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM.

Limitation of Liability

IN NO EVENT SHALL BDC OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM, THE CONTENT, OR THE content, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH BDC; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) BDC’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY BDC OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL BDC, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF BDC, EVEN IF BDC WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF BDC AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF BDC, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, BDC AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED ONE HUNDRED USD ($100.00).

DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. BDC MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. BDC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.

BDC reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

Indemnification

You agree to indemnify, defend and hold BDC harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System or BDC, your access to and use of the Content, the System, and other materials, products, and services available on or through the System and BDC, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Typographical Errors

The System could include technical inaccuracies or typographical errors. BDC shall have no liability in connection with any such inaccuracies or errors, nor shall BDC have any obligation to identify and/or correct any such inaccuracies or errors.

Viruses

All responsibility or liability for any damages caused by viruses, malware, disabling, or malicious code contained within the electronic files or on the System is disclaimed.

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of BDC (the “Linked Websites”). BDC does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. BDC disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against BDC arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the System do not imply that: (a) BDC is affiliated or associated with any Linked Website; (b) BDC is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of BDC.

Links to the Website

Neither you nor any other website may link to the Website without the permission of BDC. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website other than the home page of the Website; (b) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to BDC or any entity that is affiliated or associated with BDC; or (d) otherwise imply or state that any type of relationship or special arrangements exist with BDC and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of BDC. In no event will you use any logo or trademark of BDC as a hyperlink “button,” or in any other manner, without BDC’s express written consent.

Disclaimer of Third Party Information

The System may contain offers for sale of merchandise or services not provided by BDC. Such merchandise and services may be obtained only by linking to the applicable merchant’s website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant’s website. Differences in the terms of an offer between the System and a merchant’s website will be governed by the terms shown on the merchant’s site. BDC is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.

To the extent that any information, material, or functionality on the System is provided by third party content providers (“Third Party Materials”), BDC has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers. BDC does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with BDC.

Accounts, Passwords, and Security

Certain features or services offered on or through the System may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify BDC immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by BDC or any other user of or visitor to the System due to another person using your account, login ID, or password.

You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. BDC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

General

These Terms of Use and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System and the Content. You agree that you shall not contest the admissibility or enforceability of BDC’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and BDC. BDC may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of BDC. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the System, the Content, or any other information or materials on the System in violation of the aforementioned laws or these Terms of Use.

To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by BDC shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Jurisdiction

The System is maintained, operated, and controlled by BDC in the State of Georgia. These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Content must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Cobb County, Georgia for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the System, the Content, and the materials, products, and services available on or through the System or through BDC. You further expressly waive any claim that venue is improper for any reason in these courts.

Contact Us

BDC welcomes any comments or questions you may have regarding these Terms of Use or the System. Please send any comments or questions submitted to Braves Development Company, LLC, Attn: The Battery – Terms of Use, 800 Battery Avenue, Suite 130, Atlanta, Georgia 30339, or via email at BatteryInfo@Braves.com.

These Terms of Use were last updated on August 3, 2023. Please check back periodically for updates and changes.