 |
Terms of Use
This Website is owned and operated by Bobbi Fuller, LLC (“we”,
“us”, “our”). This document contains the terms of use applicable to
http://www.bobbifuller.com (the “Website”). Your use of the Website
is subject to these Terms of Use and all applicable laws, rules and
regulations.
1. Acceptance of Terms
By accessing this Website, you agree that you have read, understand
and agree to be legally bound by the terms and conditions set forth
below. If you do not agree to be bound by these Terms of Use, do not
access this Website. These Terms of Use may be modified, changed or
altered by us at any time without prior notice. In agreeing to these
Terms of Use, you are responsible for periodically checking for
changes and/or updates to these Terms of Use. Notwithstanding the
foregoing, we will endeavor to notify you of any changes by posting
such changes on the Website. You can review the most current version
of these Terms of Use at any time at www.bobbifuller.com. Your
continued access of the Website after such changes are made
conclusively demonstrates your acceptance of such changes.
2. No Warranty
Your use of the Website is at your sole risk. The content and
information posted on the Website is provided to you “as is” without
warranties or representations of any kind. We disclaim and exclude
any express or implied warranties or representations, including any
warranties as to merchantability or fitness for a particular purpose
of the Website to the broadest extent permitted by law. We make no
warranties or representations, express or implied, as to the
timeliness, accuracy, quality, completeness or existence of the
content and information posted on the Website. We make no warranties
or representations that your use of content and information posted
on this Website will not infringe rights of third parties.
3. Permitted Uses
This Website is not intended for children under the age of 13 and if
you are under the age of 13, you are not authorized to use this
Website. The content and information posted on this Website are
provided as information to interested persons and may be used for
informational and personal purposes only. Modification or use of the
materials for any other purpose may violate our (or a third party’s)
intellectual property rights. Information from this Website may not
be copied or distributed, or republished, or transmitted in any way,
without our prior written consent. Any unauthorized use or violation
of these Terms of Use immediately and automatically terminates your
right to use this Website and may subject you to legal liability.
You may not take any action to interfere with the Website or any
other user’s use of the Website.
4. Links to Third Party Sites
The Website may provide you with links or other access to other
websites, services, products or content of third parties. We have no
control over, nor do we endorse any, such websites, services,
products or content. You acknowledge and agree that you access such
third party websites, services, products or content at your own risk
and are wholly responsible for making your own independent judgment
regarding your use or interaction with the same. We recommend you
read the privacy and terms of use policies of each third party’s
website that you access.
5. Obey the Law
You agree not to use the Website for illegal purposes (including,
without limitation, unlawful, harassing, libelous, invasion of
another’s privacy, abusive or threatening purposes). You agree that
you will comply with all laws, rules and regulations related to your
use of the Website.
6. Content
In no event will anything contained in these Terms of Use or any
area of the Website be construed as a representation or guarantee
with respect to any of the content. We do not guarantee the
accuracy, completeness or usefulness of any content. Furthermore, we
do not endorse, nor are we responsible for, the accuracy and
reliability of any opinion, advice or statement made on the Website
by any third party.
7. Limitation of Liability; Indemnification
Any liability on our part for damages or injury due to or in
connection with accessing and/or making use of the Website is
excluded to the broadest extent permitted by law. Under no
circumstances shall we have any liability for any incidental,
indirect or consequential damages, loss of profit, anticipated
savings, loss of data, business interruption, loss of goodwill,
claims of third parties, delay damage or punitive damages that
result from the use of, or inability to use, the materials on the
Website, even if there is negligence or we (or one of our authorized
representatives) have been advised of the possibility of such
damages, or both. Notwithstanding the foregoing, if we are found to
be liable to you for any damage or loss which arises out of or is in
any way connected with your use of the Website or any content
contained therein, our liability shall in no event exceed US $5.00.
You agree to protect and fully indemnify us (and/or our parent,
subsidiaries and other affiliated companies) from and against any
and all third-party claims, liability, damages, expenses and costs
(including, without limitation, reasonable attorneys’ fees) arising
from your use of the Website or violation by you of these Terms of
Use.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly available
sources. While Bobbi Fuller, LLC makes every effort to ensure that
the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of
any information provided on this website. Bobbi Fuller, LLC makes no
warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor
shall be at your own risk.
9. Reservation of Intellectual Property Rights
You do not acquire any right, title or interest in any content on
the Website by virtue of accessing the Website or making use of the
permitted uses allowed under these Terms of Use. All copyrights in
the Website and content contained in the Website are owned by us. No
license to use or reproduce any logo or trademark included on the
Website is granted to you by these Terms of Use or otherwise. The
trademarks, logos, service marks and business names displayed on the
Website are protected, whether or not they are registered. Any
unauthorized use of content or information posted on the Website and
any unauthorized reproduction, retransmission or other use of any
part of the Website may infringe our, or third parties’ copyrights,
trademarks, privacy, publicity or other rights.
10. Miscellaneous
Our rights under these Terms of Use may not be waived unless we
agree to such change in writing. These Terms of Use and your account
on the Website are personal to you and may not be transferred or
assigned. These Terms of Use are governed by U.S. federal law and
the laws of the State of Idaho, U.S.A., regardless of your location,
without regard to its conflicts of law provisions; and you hereby
consent to the exclusive jurisdiction of and venue in the federal
and state courts located in Canyon County,Idaho, U.S.A. in all
disputes arising out of or relating to the Website. Use of the
Website is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this Paragraph 10. Our performance under these
Terms of Use is subject to existing laws and legal process, and
nothing contained in these Terms of Use is in derogation of our
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Website or
information provided to or gathered by us with respect to such use.
If any part of these Terms of Use is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
these Terms of Use shall continue in effect. These Terms of Use,
together with any additional terms and conditions or policies
referred to and incorporated herein (including additional terms
applicable to various parts of the Website), constitutes the entire
understanding between you and us regarding the Services. A printed
version of these Terms of Use and any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms of Use to the same extent and
subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
11. Notices
We may give you notice of certain events from time to time and may
be required by state or federal law to notify you of certain events.
You hereby acknowledge and consent that such notices will be
effective upon our posting them on the Website or (if we choose to
do so in our sole discretion) delivering them to you through email
if you have provided us with your accurate email address.
Effective Date
These Terms of Use are effective and were last updated on February
19, 2010.
|
