Effective: November 15th, 2022
Welcome to blackanddecker.com. These terms and conditions apply to the blackandecker.com website located at 1000 Stanley Drive, New Britain, CT 06053 and all other sites, services, and tools where these terms and conditions appear or are linked (collectively, the “Site”).
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms (“Services” and “Terms” are defined below). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any of the Terms, you do not have the right or permission to use or access the Services.
BY LOGGING ON THIS SITE AND USING THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS AND HAVE THE AUTHORITY TO BIND YOUR COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE ANY COPIES OF THE APPLICATION FROM YOUR MOBILE DEVICE.
1. Intended Use
The Services are intended to be used for the purpose of purchasing and viewing goods and services from the Company. You understand and agree that the information provided herein and by and through the use of and access to the Services is intended for informational purposes only. If you rely on any information provided by the Company or the Services, you do so at your own risk.
In using the Services, you shall not transmit, store, display, distribute or otherwise make available any data or content through the Services that:
- is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- may constitute or contribute to a crime or tort;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- could be considered proprietary or confidential to any third party;
- creates a risk of any other loss or damage to any person or property; or
- violates any other Company policy.
BDUS has the absolute right to remove or disable access to any Services as needed to (a) operate, secure and improve the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (b) ensure compliance with the Agreement (or any Company policy), applicable law, or an order or requirement of a court, law enforcement or other administrative agency or governmental body; or (c) as otherwise set forth in this Agreement. If we become aware of activity that allegedly violates this Agreement, we may investigate the allegation and determine in our sole discretion whether to act but have no liability or responsibility to you to do so. You agree to cooperate with us in good faith, as we may reasonably request, in any investigation we choose to undertake with respect to your access to Services.
2. Account Creation & Authorization
In order to access and use all the Services, you will be required to create an account with a unique username and password. When you create an account for access to and use of the Services, you guarantee that the information you provide is accurate, current and complete at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with regard to the Services. Your creation and use of your account must only be done in a manner that complies with all applicable laws. If your account or use of the Services is contrary to or prohibited by any law, your use is unauthorized and strictly prohibited.
You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to restriction of access to the Site and any electronic means (i.e. computer, tablet, etc.) by which you access the Application or Site. You accept all responsibility and liability for all activity that takes place on your account under your credentials, regardless of whether your password is to access the Services or a third-party provider. You must notify Company immediately in the event you become aware of or suspect any breach of security or unauthorized use of your account.
You may not use any username that is or infers the name or identity of another person or entity that is not lawfully available to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use a username that is offensive, vulgar or obscene.
Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
All sales on blackanddecker.com are subject to the blackanddecker.com Terms and Conditions of Sale, found here. If you wish to purchase any product or service made available through the Site (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You remain responsible for any taxes that may be applicable to your Transactions.
By creating an account for the Services, you agree to receive communication by telephone, electronic mail or SMS text message from Company or providers of the Services which may include newsletters, marketing or promotional materials, transactional and other information. You may however opt out of receiving any of these marketing or promotional communications by following the unsubscribe link or alternate instructions provided in any email we send or other communication we provide at any time.
5. Intellectual Property
The Services including without limitation HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide design applications, audio, and other original content (excluding content provided by you), features and functionality are and will remain the exclusive property of Company, its third-party partners and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Company’s trademarks, trade names, brand names, logos and trade dress (“the Marks”) may not be used in connection with any product or service without the prior written consent of Company. No license to the use of the Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.
6. License Grant
Subject to these Terms, Company grants you a limited, non-exclusive, and nontransferable license to use the Applications for commercial purchasing activity on a single mobile device owned or otherwise controlled by you or on desktop portals accessed by you (“Device”) strictly in accordance with the Application’s documentation; and access and use on such Device the content and Services made available in or otherwise accessible through the Application or Site, strictly in accordance with these Terms.
You hereby grant BDUS a fully paid-up, royalty-free, worldwide, nonexclusive right and license, with the right to sublicense, copy, reproduce, modify, use, publicly perform, display, distribute and create derivative works of any and all text, images, video, audiovisual content, works of authorship or other types of materials, information or communications, or hyperlinks to any of the foregoing that you provide, post, upload, publish, transmit or distribute on or through the Services (collectively, “Content”): (a) to provide the Services to you in accordance with the Agreement; (b) to perform such other actions as authorized or instructed by Customer in writing (email to suffice).
7. License Restrictions
You shall not:
a) copy the Application or other portions of the Services, except as expressly permitted by this license;
b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application or other portions of the Services;
c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application, other portions of the Services or any part thereof;
d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
g) use the Services in, or in association with, the operation of medical or life-support systems;
h) download (other than page caching) or modify this Site, or any portion of it, except with our express written consent.
This license does not include any resale or commercial use of this Site or its Services; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Services; 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. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by Company. Special Notice: We have a no-tolerance policy regarding the use of our Marks or names in metatags and/or hidden text. Specifically, the use of our Marks or names in metatag keywords is trademark infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other "hidden text" utilizing our Marks or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Marks or other Services with advertisements and/or other information not originating from our Site.
Any unauthorized use terminates your limited license, and Company may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, Company reserves the right to seek all remedies available by law and in equity. Company retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
8. Reservation of Rights
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services, with the exception of the purchased physical tools that use the Services, under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions in these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
You retain any and all rights in and to your information submitted to the Application (“Submitted Services Information”) except as otherwise expressly provided in these Terms and you are responsible for protecting those rights. The Grantees assume no liability for Submitted Services Information. You grant the Grantees the right and license to use, modify, perform, display, reproduce and distribute Submitted Services Information on and through the Services. The Grantees have the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found in, on or through the Services is the property of Company or is used with permission from its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy or use said Content, whether in whole or in part, for commercial purposes or for personal gain without express written advance permission from Company.
Unless explicitly acknowledged or committed to as part of a feature of the Services, Company has no obligation to maintain or persist your User Submissions or Device Data for any specified period of time, to guarantee access to User Submissions or Device Data, and has no liability for User Submissions or Device Data submitted to the Services that are or become unavailable through the Services. You hereby grant Company a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback that you provide to Company relating to the operation of the Services.
9. Collection, Transfer, Storage and Use of Your Information
A. What Information We May Collect
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual.
“Tool Information” is information that is de-identified and/or aggregated information (such as how individuals in general use the Services, or the associated tools and devices that may be connected to the Services) that can also be known as “De-identified Information.” We may have access to De-identified information that on its own does not identify you, so it does not qualify as Personal Information, unless otherwise provided by applicable law. We will not re-identify, or attempt to re-identify, such De-identified Information. We may use or disclose De-identified Information for any purpose, in accordance with applicable law. This Statement does not apply to such De-identified Information.
We collect the above-described Information through the Services:
B. How We May Use Information
We may use your Personal Information for the following purposes:
- Providing the functionality of the Services and fulfilling your requests, such as: opening and arranging access to your account, providing features and functionality, responding to your inquiries and fulfilling your requests, providing related customer service, sending administrative information to you, such as changes to our terms, conditions and policies.
- Providing you with our newsletter and/or other marketing materials and facilitating social sharing, such as sending you advertising and marketing related emails, text messages, and postal mail with information about our services, new products, and other news about our company, and facilitating social sharing functionalities that you choose to use.
- Analyzing Personal Information for business reporting and providing personalized services, such as to better understand you, so that we can personalize your experiences when using our Services, and provide you with information and/or offers tailored to your interests, to better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you, and to analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used and perform market research, so we can improve our Services.
- We will provide personalized services either with your consent or because we have a legitimate interest.
- Aggregating and/or anonymizing Personal Information. We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
- We anonymize your Personal Information because we have a legitimate interest.
- Accomplishing our other business purposes, such as for data analysis (for example, to improve the efficiency of our Services), for audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements, for fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft, for improving and developing our products and services, for enhancing, improving, or modifying our current products and services, for identifying usage trends, for example, understanding which parts of our Services are of most interest to users, for facilitating recalls, for determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users, for operating and expanding our business activities (for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests).
- We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
- Aggregating De-identified Information. We may aggregate anonymized Tool Information to generate other data and analysis for our commercial use including sale to You, other customers or third parties. We are permitted to use and disclose this De-identified Information for any purpose.
C. How We May Disclose Information
We may disclose Personal Information about you:
- To the entities directly or indirectly controlling, controlled by or under common control with Stanley Black & Decker, Inc. (“Affiliates”) (listed https://www.stanleyblackanddecker.com/sites/default/files/2022-08/subsidiaries_of_stanley_black_decker.pdf) for the purposes described in this Statement.
- To our service providers who provide services such as data analytics, information technology and related infrastructure provision, platform hosting, customer service, product development, auditing, advisory and other services.
- To additional recipients, as agreed by you and us.
- To a third party in the event of reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our, or any of our Affiliates,’ business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
- Aggregating De-identified Information. We may aggregate anonymized Tool Information to generate other data and analysis for our commercial use including sale to You, other customers or third parties. We are permitted to use and disclose this De-identified Information for any purpose.
The Services are based in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
The information found in the Services may contain errors or inaccuracies and may not be complete or current and, as such, Company does not guarantee the accuracy or completeness of any information found within the Services. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Company may also from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your WiFi and Mobile Device settings when your Mobile Device is connected to the internet either: (a) available Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms.
12. Third-Party Materials and Representations
The Services may contain descriptions and links to third-party websites or goods, products or services that are not owned or controlled by Company and may display, include, or make available other third-party content (including data, information, applications, and other products, services, and/or materials) ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. Third-Party Materials could include the display of retail pricing or list pricing which is set in the seller’s sole discretion. With respect to items sold by Company’s manufacturing and distributing partners, Company cannot confirm the price of an item is the current list pricing or is otherwise accurate in all instances, and there may be list pricing displayed that does not reflect the manufacturer/distributor’s current list pricing on its third-party purchase platforms. It is your responsibility to confirm such pricing prior to check out on the third-party purchase platform.
13. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail, or fax, requesting that Company remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our Designated Agent as follows:
We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is Company’s policy to terminate, in appropriate circumstances, an individual’s right to use the Services if they are deemed by Company to be repeat infringers.
14. Parental Controls and Restrictions
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
15. Term and Termination
These Terms become effective when you download/install the Application, access the Services, or acknowledge your acceptance, whichever comes first, and will continue in effect until terminated by you or Company as set forth in this section.
You may terminate these Terms by deleting the Application and all copies thereof from your Devices.
Company may terminate these Terms at any time without notice for any reason or no reason, if it ceases to support the Services, which Company may do in its sole discretion, or in the event the Services become prohibited by law. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the Terms.
Upon termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Services and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company's rights or remedies, or the rights or remedies of any third-party beneficiary of these Terms, at law or in equity.
All provisions of the Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
16. Disclaimer of Warranties
The Products sold on blackanddecker.com may include licensed products of third-party manufacturing/distributor partners of Company. Company does not warrant, offer, or promise any specific accuracy, quality, performance, fitment, or suitability guarantees about any licensed products and has not evaluated or examined such products for any performance criteria. Company is not responsible for any commentary (for example user comments and forum posts) and other materials posted about our Site, or on our Site and we disclaim all liability and responsibility arising from any reliance placed on such materials by any user or visitor to our Site. Company assumes no liability or responsibility for the products, goods, and services of any partner. You are responsible for reviewing any product descriptions, return policies, or warranty statements prior to purchase.
17. Limitation of Liability
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, licensors, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services, the use or misuse of your account with the Company, or your breach of these Terms, including but not limited to the Services Information.
19. Export Regulation
The Services may be subject to U.S. export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly, or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
You may not assign, delegate, or transfer these Terms, your rights, or obligations hereunder, or your Services account without Company’s prior written consent. Company (and its third-party beneficiaries) may assign, delegate, or transfer these Terms and its rights and obligations without consent.
If any provision of these Terms (or portion thereof) is illegal or unenforceable under applicable law, the remainder of the provision (or portion thereof) will be amended to achieve as closely as possible the effect of the original term and the remainder of these Terms will continue in full force and effect.
22. Governing Law
These Terms are governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule. Subject to the arbitration provisions in these Terms, any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. Arbitration & Class Action Waiver
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms, your use of the Services and all related matters, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered
within thirty (30) days of the earlier of (a) the date you first use or access the Services; and (b) the date you click or tap any button or box marked “accept,” “agree” or “ok” (or a similar term) in connection with these Terms.
The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (currently available at http://www.jamsadr.com/rules-comprehensive-arbitration/) as amended by these Terms. Selection of the arbitrator shall be in accordance with the rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer (as defined by JAMS), you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such a determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The arbitrator’s award will provide a written statement of the disposition of each claim, the award given and the essential findings and conclusions on which the award is based. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if applicable law allows, they can seek relief against us for you. If you are a consumer (as defined under JAMS rules), remedies that would otherwise be available to you under applicable federal, state, or local laws will remain available under this arbitration clause, unless you retain the right to pursue such remedies in court. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.
If you are a consumer (as defined under JAMS rules) and you initiate arbitration against the Company, the only fee required to be paid is $250 (the approximate cost of court filing fees) and all other costs will be borne by the Company, including any remaining JAMS Case Management Fee and professional fees for the arbitrator’s services. If the Company initiates arbitration against you and you are a consumer (as defined under JAMS rules), the Company will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees. For arbitrations outside of California, the arbitrator shall have the authority to award attorney's fees and costs to the prevailing party if such an award is allowed under applicable law. For arbitrations within California, the arbitrator shall not have the authority to award attorney's fees and costs to a claimant who does not prevail against the Company.
24. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.
Company reserves the right, at its sole discretion, to modify these Terms at any time. Any such changes will be effective immediately upon being posted to the Site. Your continued use of the Site will indicate your acceptance of the current Terms and Services. By continuing to use and access the Services, you agree to be bound by the revised terms. If you do not agree to the revised terms, you will no longer be authorized to use or access the Services.
Company may modify or discontinue any part of the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users.
27. Apple-Specific Terms
In addition to your agreement with foregoing terms and conditions in these Terms, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your access to and use of any version of the Application that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application except, if applicable, to refund the purchase price for them. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Application, including any third-party product liability claims, claims that the Application fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to Company. In the event of any third-party claim that the Application or your possession and use of the Application infringe that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim. You must comply with the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Application, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
28. Legal Notice for New Jersey Residents:
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a BDUS, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms shall not be applicable to New Jersey residents: (1) in the Disclaimer of Warranties and Limitation of Liability section, (a) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (2) in the Comments, Communications and Other Content section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms; and (3) in the Disputes section, (a) the provisions which limit the time within which claims against us must be brought, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.
29. Legal Requests:
If Company receives any order, demand, warrant, or any other document requesting or purporting to compel the production of Personal Information in the Services Information (including, for example, by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands or other similar processes), Company will promptly notify you (to the extent permissible under applicable laws), so that you may, at your own expense, exercise such rights as you may have under applicable laws to prevent or limit such disclosure. Company will exercise commercially reasonable efforts to prevent and limit any such disclosure and to otherwise preserve the confidentiality of Personal Information in the Submitted Services Information and will cooperate with you with respect to any action taken with respect to such request, complaint, order, or other document, including to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to such Personal Information.
30. Entire Agreement
Please include your question or request in your email or letter to us, including the SBD brands and Services relevant to your request.
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.
Our agent for notice of claims of copyright infringement can be reached as follows:
All other notices: