Bob Mackie Privacy Policy
Welcome to www.BobMackie.com (the “Site”), a website operated by Bob Mackie Design Group Ltd. (“Bob Mackie”, “we”, “us”, or “our”). We provide our users (collectively, “you” or “your”) with an e-commerce marketplace to learn more about and purchase our products, as well as a number of related services (collectively, the “Services”). We know you are concerned about your privacy, so we developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you, whether you are simply visiting our Site or whether you making a purchase.

YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY. BY USING THIS SITE AND PROVIDING ANY PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TRANSFER OF DATA FROM YOUR COUNTRY TO A COUNTRY THAT HAS LESS STRINGENT LAWS, AND THE PROCESSING OF YOUR PERSONAL INFORMATION IN CONFORMANCE WITH THIS POLICY.
So we are clear about the terminology we are using, when we use the phrase “Personal Information” in this Privacy Policy, we mean contact information (e.g., name, address, email address, or telephone number) and any other non-public information that is used or intended to be used to personally identify an individual. When we use the phrase “Anonymous Information” in this Privacy Policy, we mean information that is neither used nor intended to be used to personally identify an individual.

Children’s Online Privacy Protection Act Compliance
The Site is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Site or Services is designed to attract people under 13 years of age. When the Site does collect age information, and users identify themselves as under 13, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Site and the Services. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act Compliance). Our website, products, and services are all directed to people who are at least 13 years old or older. Additionally, if you are under 18, you may not purchase any products from the Site.

California Online Privacy Protection Act Compliance

Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent.

How We Collect Information.

Personal Information
In general, the Personal Information we gather enables us to process your orders and to provide the Services to you. We collect Personal Information that you submit to us voluntarily when you register or order products. To create an “Account” with a user name, we require that you provide certain Personal Information, including your name, email address, mailing address and phone number. We may also ask you to provide certain optional Personal Information, such as your age and gender, to help us learn more about the use of the Site and/or Services.

One type of Personal Information we collect when you purchase products through the Site is “Payment Information”, which means the information necessary to process a payment from you, including the following: (i) your name as it appears on the card, (ii) the credit card type (VISA, MasterCard, American Express or any other issuer then accepted by Bob Mackie), (iii) a valid credit card number; (iv) the date of expiration of your credit card, (v) your billing address, and (vi) any activation numbers or codes needed to charge your card. If you have an Account, we will store this information, unless you request us not to do so (for information about making this request, please see the section below regarding deleting and changing your information).

We collect Payment Information and your shipping address to process any orders you make on the Site, even if you do not have an Account with us. If you do not wish to provide us any Payment Information, you may opt out process your order with PayPal, in which case Bob Mackie will not collect any Payment Information from you. We will, however, receive your shipping address from PayPal if you make a purchase in this manner. If you do not have an Account, when you purchase products with your credit card, we collect your Payment Information to process that transaction (but only temporarily – we do not store your information longer than is necessary for us to process the transaction).

To receive our newsletter, you must provide your email address. When you communicate with us through our Site or by sending us an email, we may collect and store any information that is contained in your communications with us. You can choose not to provide us with certain information, but this may limit the features of the Site or Services you are able to use.

If a third party buys you an e-GiftCard to our Site, we will ask for your email address from the party paying for your e-GiftCard. If you do not wish for us to collect or hold information about you that you did not provide to us, please see the section below regarding deleting and changing your information. If you are the party buying an e-GiftCard, we will collect your name and email address, as well as any Payment Information necessary to process that order (unless you opt to pay with PayPal).

Anonymous Information
As you use the Site or Services, certain Anonymous Information may be passively collected and stored, such as your Internet protocol address, browser type, and access times. We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. “Cookies” are small pieces of information that a website sends to your browser while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to purchase any products through the Site.

How We Use Information.
Personal Information
We will use your Personal Information to:
• Administer your Account;
• Process your payments and fulfill your orders;
• Provide you with Services and customer support;
• Tailor the features, performance and support of the Site or Services to you;
• Market our products and services to you and those of third parties we believe may be of interest to you;
• Respond to your requests, resolve disputes and/or troubleshoot problems;
• Improve the quality of the Site and the Services; and
• Communicate with you about the Site and the Services.

We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you. You can opt out of receiving certain communications from the Site such as our newsletter by (i) clicking the “Unsubscribe” link at the bottom of each email, (ii) calling us at the number below, (iii) clicking the opt-out on your Account page, (iv) emailing us at info@bobmackie.com, (v) sending us a request by postal mail, or (vi) clicking this link (link to http://www.bobmackie.com/cs/NL.unsbscribe.cfm). Please note that even if you unsubscribe or opt-out, we may still send you order, Site and Service related communications (e.g., emails related to your orders or comments).

Anonymous Information
We may, through our use of Cookies, keep you logged into our Site, track your session history, and tailor content and advertisements to you. We may use your Anonymous Information to analyze usage patterns so that we may enhance the Site or Services and improve our internal operations and the content of our software. With your consent, we may combine such data with certain of your Personal Information. We may also de-identify or anonymize your Personal Information (thereby creating Anonymous Information). We may use your Anonymous Information to analyze usage patterns so that we may enhance the Site or Services, improve our internal operations and the content of our software, notify visitors about updates to our Site or Services, and improve the efficacy of our content and advertisements that appear on the Site.

How We Disclose Information.
Personal Information
We may disclose certain Personal Information:
• To third party vendors who help us provide the Services or the Site, including vendors that process purchases for us;
• To third parties to whom you ask us to send Personal Information (including when you purchase e-gift cards for such third parties);
• To any subsidiary organizations, joint ventures, or other organizations under our control (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy; or
• If we believe in good faith that such disclosure is necessary to (i) resolve disputes, investigate problems, or enforce our Terms of Use; (ii) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (iii) protect and defend our rights or property or the rights and property of you or third parties.

Anonymous Information
We reserve the right to disclose Anonymous Information publicly without restriction, including to third party vendors who may help us enhance or provide the Site or Services or to third parties.

Updating and Controlling Your Information.
If you have an Account with us, you may update certain of your Personal Information on our Site. You may also email us at info@bobmackie.com or call us at (212) 370-0721. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Services. Once we disclose some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

Third Party Activities on the Site
We allow third-party companies, including AddThis, to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org or http://www.addthis.com/privacy.

We may contract with third party service providers to help manage and optimize our Internet business and communications. For example, we may use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our Site. The information collected helps us learn things like what kinds of customers our Site attracts and what kinds of offers our customers like to see.

We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on the Site. These advertisers and ad servers may use Cookies and/or web bugs (which are usually small, transparent graphic images) in order to monitor information related to served advertisements and to serve advertisements to you based on your behavior on this or other sites. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy does not cover the privacy practices of any advertisers or ad servers.

Security
Bob Mackie has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure your Personal Information. Among the security measures taken are SSL Technology and, if you have an Account, a login process requiring a password and username. If you become aware of any loss, theft or unauthorized use of your password, please contact Bob Mackie’s Customer Service Department by email at info@bobmackie.com, or by phone at (212) 370-0721.

Changes to this Privacy Policy.
This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we will also send you notice to the last email address you have provided to us. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Contact Us.
If you have questions or concerns about our Privacy Policy, please contact us by sending an email to: info@bobmackie.com or by calling us toll-free at (212) 370-0721, Monday through Friday, 10:00am – 4:00pm Eastern Standard Time. We will attempt to answer all emails within three (3) business days.

This Policy was last revised: January 26, 2012.

BOB MACKIE TERMS OF USE

Welcome to www.bobmackiestore.com (the “Site”), a website operated by Bob Mackie Design Group, Ltd. (“Bob Mackie”, “we”, “us”, or “our”). Learn how, whether you buy our products and merchandise (“Products”) or simply browse the Site and a number of related services we offer (collectively, the “Services”).

The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us, and govern your use of the Site, the Services and any Orders (defined below) that you place.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, PURCHASING OUR PRODUCTS, OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR PURCHASE ANY PRODUCTS.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.

1. USERS. You may simply browse the Site, or you may register with Bob Mackie and create an account (“Account’). You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).

2. ACCOUNTS. When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will Bob Mackie be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Bob Mackie under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity

3. ORDERS. These Terms of Use, together with any additional terms on the Site, shall govern any order you make through the Site or Services (including by phone) for Products or electronic gift cards (such order, an “Order”). Bob Mackie only ships currently to addresses in the United States. When you place an Order, we will confirm your Payment Information (defined below) and shipping address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Bob Mackie until the Product(s) has been shipped. If some of Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated shipping date provided by Bob Mackie is based on Product availability and payment processing time, and does not include transit time. All Products shall be deemed accepted by you upon shipment, and title to the and risk of loss passes to you when Bob Mackie provides the Product(s) to a common carrier. You must have an Account to track your Order, though we may create an Account for you if you so choose. You must be at least 18 years old to place an Order. If we later discover that a person under 18 years old has placed an Order, we will take steps, where possible, to cancel that Order. Our return policy can be found here.
4. PAYMENT. To pay for an Order, you will need to provide Bob Mackie with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such order. You may pay for your order via credit card, PayPal or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card or PayPal account, that only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
5. PRICING AND PRODUCTS. We make efforts to display our products and their colors as accurately as possible. Having said that, the displayed colors of the products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until you place an Order. Despite our best efforts, a small number of the items on our Site may be mispriced. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.
6. REFUND AND RETURN POLICY.
(a) REFUND AND RETURN POLICY. We stand by the quality of our products and guarantee your satisfaction.
If for any reason you are not satisfied with an item you have purchased, you may exchange it or return the item within 30 days from the date the order was received. You will receive a full refund of the cost of the purchased item(s). Shipping charges are not refundable. You are responsible for all return shipping charges.

(b) RETURN AUTHORIZATION. You must obtain return authorization prior to shipping an item back to us for a refund or exchange. This will allow our customer service team to provide you with proper return instructions as well as updating your order record. If possible, simply send your return request as a reply to your shipping confirmation email. If not possible, email to: info@bobmackie.com or call our customer service team at 1-212-370-0721. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR SOLE AND EXCLUSIVE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR OUR BREACH OF ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED TO ANY PRODUCTS YOU HAVE ORDERED SHALL BE LIMITED TO A REFUND PURSUANT TO OUR STANDARD REFUND POLICY.

7. PROMOTIONAL OFFERS. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
8. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on Products, the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Bob Mackie or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.
9. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You are entirely responsible for each individual item of Content that you post on the Site and, as between you and us, you retain ownership and any intellectual property rights in the Content you post. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof, except for any personally identifiable information you submit in regards to your Account or an Order, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information in forums on the Site, we will not be liable for such disclosure. You agree not to revise Content posted by others, and you represent and warrant that you will not post or use any Content in any manner that:
• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
• Is false or inaccurate or becomes false or inaccurate at any time;
• Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
• Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
• Misrepresents your identity in any way;
• Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Advocates or encourages any illegal activity; or
• Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.

10. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
• Conduct or promote any illegal activities while using the Site or Services;
• Upload, distribute or print anything that may be harmful to minors;
• Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use the Site or Services to generate unsolicited email advertisements or spam;
• Use the Site or Services to stalk, harass or harm another individual;
• Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
• Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
• Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
• Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

11. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Products and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
12. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
13. PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Bob Mackie reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
14. Third Party Content and Other Websites. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and Services may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
15. DISCLAIMER OF WARRANTIES. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BOB MACKIE “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOB MACKIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
We make no warranty that the Products, Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, Site or Services, or that defects in the Site or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
16. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF YOUR ORDERS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) ONE HUNDRED DOLLARS (U.S. $100.00). 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 AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
17. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Bob Mackie, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products, Site or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any Content you submit to the Site or Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
18. RELEASE. You hereby release Bob Mackie, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Site, or (ii) your purchase of any Product(s). You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.
19. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. Section 14 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
20. GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and Bob Mackie will be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in the State of Delaware and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
21. SURVIVAL. Sections 2, 4, 5, 6, 8, 9 and 14 through 22, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.
22. CONTACTING US. If you have any questions or concerns about our Site, our Products, your Order, or anything else, please give us a call toll-free at (212) 370-0721. Monday through Friday, 10:00 am to 4:00 pm EST or send an e-mail to info@bobmackie.com. We will attempt to answer all emails within three (3) business days.
23. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to info@bobmackie.com or as otherwise expressly provided. Please report any violations of these Terms of Use to info@bobmackie.com.
LAST UPDATED. December 2, 2011.