Terms and Conditions
1. ACCEPTANCE OF TERMS
Bobbleheads.com, LLC (the “Company”) provides its service to you, subject to the following Terms and Conditions of Use (the "Terms"). These Terms, and the website at Bobbleheads.com, may be updated by the Company from time to time without notice to you. Your use of Bobbleheads.com constitutes your agreement to all such terms, conditions, policies and notices contained in these Terms and that are otherwise published on the Bobbleheads.com website (the "Agreement"). If you do not agree, you may not use Bobbleheads.com.
2. ELECTRONIC COMMUNICATIONS
When you visit Bobbleheads.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Bobbleheads.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. DESCRIPTION OF SERVICES PROVIDED
The Company provides users with access to a rich collection of resources, merchandise, products and services through Bobbleheads.com (the "Service"). Unless expressly stated otherwise, any new features, which augment or enhance the current Service, including the release of new features or products, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide, and are responsible for, all equipment necessary to access the Service.
4. MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Company may change, add or remove any part of this Agreement, or any other terms associated with the use of Bobbleheads.com, at any time. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted y the Company. By continuing to use Bobbleheads.com after the notice is posted, you are indicating your acceptance of those changes.
5. LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of Bobbleheads.com and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of Bobbleheads.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Bobbleheads.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither Bobbleheads.com nor any portion of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bobbleheads.com so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the Company’s logos or other proprietary graphics or trademarks as part of the link without express written permission.
6. YOUR ACCOUNT
If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Bobbleheads.com only with involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
7. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in, promotions of sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
The Company may provide, or third parties may provide, links to other web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for, any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THE BOBBLEHEADS.COM WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. BOBBLEHEADS.COM MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY THE COMPANY OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THE COMPANY AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, MERCHANDISE, PRODUCTS AND SERVICES AVAILABLE THROUGH BOBBLEHEADS.COM, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
12. REFUND AND RETURN POLICY
The Company’s policy regarding refunds and returns (the “Return Policy”) can be found at http://www.bobbleheads.com/return-policy.html . The Return Policy and any future amendments thereto are incorporated herein by reference and are part of the Terms.
13. INTELLECTUAL PROPERTY INFORMATION
All materials on Bobbleheads.com ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by the Company or by other parties that have licensed their material to the Company. You may copy and print hard copies of portions of Bobbleheads.com for the sole purpose of using Bobbleheads.com as an information source (a shopping resource, for example). Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of the Company or the respective owners. You may not add, delete, distort, or otherwise modify the content on Bobbleheads.com. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize Bobbleheads.com for any purpose other than its intended purposes is strictly prohibited.
The Company’s logos and product and service names are trademarks of the Company. All other trademarks appearing on Bobbleheads.com are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that the Company provides information and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. The Company will enforce its intellectual property rights to the fullest extent provided by law. If you suspect that any of the Company’s content or trademarks are being misused please contact email@example.com ..
14. RISK OF LOSS
Many of the products sold by the Company are manufactured or assembled in countries outside of the United States. All items purchased from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Company’s failure to exercise or enforce any right or provision of the Terms or this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms or Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Terms or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. HEADINGS FOR CONVENIENCE ONLY
The numbered headings in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to our Customer Service Department.
You agree to indemnify, defend and hold the Company harmless from any and all claims and expenses, including reasonable attorneys' fees, arising from or relating to any breach by you of any of the Terms or the Agreement.
19. LETTERS OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to the Company, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") may be deemed by the Company to be non-confidential and free of any claims of proprietary or personal rights. The Company shall have no obligation of any kind with respect to such Received Materials and the Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
You can read the Company's privacy statement for Bobbleheads.com above.
21. RESTRICTIONS ON USE
You may not use Bobbleheads.com’s site or its content for any illegal purpose or in any manner inconsistent with these Terms or the Agreement. You agree to use Bobbleheads.com solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
22. ENTIRE AGREEMENT
The Agreement and any other terms and conditions of service on any of the Company’s property constitute the entire agreement between you and the Company and govern your use of the Service.
23. REFUSAL OR DISCONTINUANCE OF SERVICE
The Company reserves the right to refuse or discontinue service to any user for non-compliance with these Terms.
24. CHOICE OF LAW AND FORUM
The Agreement will be governed by and construed in accordance with the laws of the State of Georgia. Any dispute arising from the Terms or the Agreement or breach of the Terms or Agreement will be governed in accordance with the laws of the State of Georgia without regard to any conflicting choice of law rules, and you agree to personal jurisdiction by the state and federal courts for Forsyth County, Georgia. You hereby expressly waive any rights to a trial by jury in any action, proceeding or counterclaim on any matters whatsoever arising out of, or in any way connected with, the Terms or the Agreement.
25. BINDING ARBITRATION
In the event that any dispute or claim arises with respect to the Terms or the Agreement or your use of the Service you agree to submit any such dispute to binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The determination of whether to arbitrate any dispute will be made by the Company. Should arbitration be selected by the Company, any such dispute will be arbitrated at the AAA’s Atlanta office. A judgment upon the award rendered by the Arbitrator shall be entered in a court of competent jurisdiction and shall be binding on all Parties thereto.