legal statement

To view the Bob's Stores Privacy Policy, click here.


TERMS OF USE

Welcome! You are visiting the website of bobstores.com, the website for Bob's Stores (referred to herein as the "Website").

Bobstores.com is operated by Bob's Stores and the mailing address is 160 Corporate Court, Meriden, CT 06450.

General Use of Website
Before using our Website, please take some time to review the following basic terms and conditions and the terms of our Privacy and Security Policy (which are incorporated herein by reference). Collection and use of user personal information under this Website is subject to the Privacy and Security Policy. Before using or becoming a registered member of Bob's Brigade, please review our Member Code of Conduct (which is incorporated herein by reference). The Terms of Use, the Privacy and Security Policy, and the Member Code of Conduct are collectively referred to as the "Terms of Use." When you use our Website you are automatically agreeing to be bound by the Terms of Use. The Terms of Use or any term or conditions thereof may be changed or updated from time to time without prior notice. Continued use of the Website following any such changes shall constitute your acceptance of any new Terms of Use. Users are responsible for regularly reviewing the Terms of Use and we encourage you, therefore, to review them carefully whenever you use the Website. We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. If you do not agree with any of the Terms of Use, please do not use the Website.

Children under the age of 13 may not use this Website and parents or legal guardians may not agree to the Terms of Use on their behalf. If you are under the age of 18 but at least 13 years of age you may use this Website only with the consent of and under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. If you are a parent or legal guardian agreeing to the Terms of Use on behalf of a child between the ages 13 and 18, you agree that you are fully responsible for use of this Website by that child, including any financial charges that the child may incur through use of the Website.

Copyright, Trademark and Other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, "Content") are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to the Business, or our suppliers. Certain trademarks, service marks and trade names on the Website are the registered or unregistered trademarks, service marks and trade names of the Business and may not be used without our express permission. Other trademarks, service marks and trade names and products contained herein are the registered or unregistered property of their respective owners. All software used on this Website is the property of the Business or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.

You may not reproduce (except as expressly noted below), create derivative works from, distribute in any way, display or publicly perform, any Content or software without our prior written permission. The Content of the Website, and the Website as a whole, and the software is intended solely for personal non-commercial use by you and other users of the Website. You may download one copy of any materials, other than music, found in the Content on a single computer for your personal, non-commercial use only. This is not a transfer of title to any Content and your use is subject to the following restrictions. You may not (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as necessary and incidental to the downloading of the one copy of the materials, other than music, as expressly provided herein. You agree to prevent any unauthorized modification or copying of the Content or software. The Business reserves all rights not expressly granted herein.

References on this Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by the Business.

Submissions
Other than personal information which is subject to the Privacy and Security Policy or as otherwise set forth below with respect to Forum, all comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other Content disclosed, submitted or offered to the Business on or through the Website or otherwise disclosed, submitted or offered by you to us (collectively, "Submissions") shall be and remain the property of the Business. Such disclosure, submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to the Business of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Submissions, and you acknowledge that your use of the Website is consideration for that assignment.

As such, the Business will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based on, disclose, publish, distribute, display and publicly perform any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, the Business shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. The Business shall have no obligation to use, return, or review any Submissions. For this reason, we ask that you not send us or post any Submissions that you do not wish to assign to us.

You agree that no Submissions by you to the Website will violate any right of any third party, including copyright, trademark, privacy, publicity or other personal, intellectual property, or proprietary right(s). You also agree that no Submissions by you to the Website will be or contain libelous, defamatory, tortious, or otherwise unlawful, abusive, threatening, immoral, offensive, profane or obscene material or that will constitute or encourage conduct that would be considered criminal or encourage conduct that is criminal. You are and shall remain solely responsible for the content of any Submissions you make. You shall not alter, modify, edit or remove any Submissions by any third party to the Website. The Business reserves the right to take any action reasonably deemed necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from this Website of any materials submitted by any user and/or removal and/or termination of any account of subscription of any user.

Bob's Brigade Gallery and Forums.
By participating in or using any Forum on the Website, you agree to the terms regarding Submissions as set forth above and the additional terms regarding use of a Forum as set forth below. "Forum" means a gallery, message board, or e-mail or mobile messaging function (including, but not limited to, electronic greeting cards) offered as part of the Website. You further acknowledge and agree that you have read all terms, notice, and disclaimers set forth on the Website, including, without limitation the Member Code of Conduct, in connection with any Forum and those terms, notices, and disclaimers are hereby incorporated herein by reference.

You acknowledge and understand that information and Submissions provided to the Website by way of a Forum are posted on the Internet and, therefore, you have no expectation of privacy or confidentiality with respect to any information or Submission. Each Forum is solely for public and not private communications, and you acknowledge and understand that personal information provided online via a Forum can be collected and used by third parties. You make Submissions and disclosures of information at your own risk and the Business does not guarantee the security of any Submission or information disclosed in any Forum. The Business is not responsible for any Submission or other information posted on any Forum or the accuracy of any Submission or information. Each user remains solely responsible for his/her information and Submissions provided via any Forum. You are solely responsible for postings under your username. The Business reserves the right, but has no obligation, to remove or edit content or information from any Forum at any time for any reason.

By providing Submissions to any Forum, including posting text, pictures, image, and artwork to Bob's Brigade Gallery, you grant or warrant that the owner of such Submissions has expressly granted to the Business a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, right and license to use, reproduce, edit, create derivative works based on, disclose, publish, distribute, display and publicly perform the Submissions, in whole or in part, in any form or media, now known or hereafter developed or perfected. You also expressly permit the Business to allow other users to access, view, download, store, perform, display and reproduce the Submissions for that user's personal use consistent with the Terms of Use.

Monitoring
The Business shall have the right, but not the obligation, to monitor the content of the Website, including any Forum to determine compliance with the Terms of Use, any other operating rules established by the Business for this Website and to comply with any law, regulation, or authorized government request.

Third Party Content
Certain sections of the Website, including Bob's Brigade, may include Content submitted by third parties. Although the Business may periodically review Content posted on the Website by third parties, the Business has no control over Content submitted by others to the Website. Any opinions, advice, statements, services, offers, or other information or Content posted, expressed or made available on the Website by third parties are those of the respective authors and not the Business, and the Business does not endorse any of the foregoing. The Business makes no representation or warranty as to the accuracy or reliability of any Content posted on the Website by third parties and assumes no liability for any such Content. You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content posted by third parties.

Registration/Passwords
Certain services offered on the Website, including Bob's Brigade, require registration for access to those services. Each user registering for a service on the Website is responsible for keeping his/her User ID assigned by the Business and password secret and confidential. You agree that you are solely responsible for any communications or other uses that are made using your User ID and password, as well as for any obligations, including, financial obligations, which may result from such use. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused, and for otherwise updating your account information. You shall notify the Business immediately of any unauthorized use of your User ID or password or any other breach of security that is suspected by you.

You may access and update the contact information that you provided to us during registration, modify your opt-in and opt-out choices, and unsubscribe from certain services and communications. Further details and instructions are provided in our Privacy and Security Policy.

Links to Other Websites and Services
When you use our Website, you may discover that it contains links to other sites that are not owned or operated by the Business. These links are not intended to be referrals or endorsements of the linked sites and the Business are providing them only as a convenience. As such, the the Business does not warrant, represent or assume any responsibility or liability for the accuracy, completeness or operation of any linked site (or any site contained in a linked site), or the practices or privacy and other policies contained in any linked site (or any site contained in a linked site). You should familiarize yourself, therefore, with the specific legal, privacy and security information contained in any such websites.

Our Website also contains links to other sites operated by the Business. We advise you to review the legal, privacy and security information for each such site to which you link, as the terms and conditions of use and the policies relating to the personal information you provide may vary from website to website.

Linking to this Website
Establishing or maintaining a link from another website to this Website without the prior express written consent of the Business is strictly prohibited. Displaying this Website or any Content contained on this Website in frames or through similar means on any website without the Business' express written permission is also strictly prohibited. Any permitted links must comply with all applicable laws and regulations.

Product Information
We make all reasonable efforts to provide information on this Website that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We regret any inconvenience to you.

Colors
We have tried to display the products and attributes of the products on the Website, including the colors of products accurately. Because the colors you see depend on your computer monitor, we cannot guarantee that your monitor's display of any color will be accurate.

GiftCards and Gift Messages
All GiftCards and other gift certificates are deemed purchased in and issued from the State of Connecticut. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Certain restrictions regarding use or purchase of a GiftCard or other gift certificate may apply.

A gift message service is available to our users through the Website subject to the following guidelines. You may not use libelous, defamatory, tortious, or otherwise unlawful, abusive, threatening, immoral, offensive, profane or obscene language in gift messages. We reserve the right (but do not assume the obligation) to restrict or remove any and all content from gift messages that we determine, in our sole discretion, violates these guidelines or would be harmful to us, our users, or any third party.

Contests/Sweepstakes
The Website may provide from time to time the opportunity to enter contests or sweepstakes sponsored by the Business or a third party. You acknowledge and agree that each contest or sweepstakes is governed by the Official Rules posted for that contest or sweepstakes and is void where prohibited by law. Before participating in any contest or sweepstakes provided on the Website, you agree to review the applicable Official Rules and eligibility requirements and restrictions for participation in that contest or sweepstakes.

Privacy and Security Policy
The Privacy and Security Policy governs the use of personal information provided by you at the Website. We collect non-personal information through the Website and we may take your personal information and make it non-personal information, either by combining it with information about other individuals (aggregating the information) or by removing characteristics that make the information personal to you (de-personalizing your information). The Privacy and Security Policy does not apply to information that is not personal information and there are no restrictions under the Privacy and Security Policy upon our right to aggregate or de-personalize your personal information and use and share that information with third parties. View our Privacy and Security Policy to learn about the measures we employ designed to help protect your credit and debit card information. Should any unauthorized charges appear on your credit card as a result of purchases made on this Website, you must notify your credit card provider in accordance with its reporting rules and procedures.

Disclaimer / Limitation of Liability
THE WEBSITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAWS. IN ADDITION, THE BUSINESS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OF THE WEBSITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN THE BUSINESS AND THE BUSINESS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. THE BUSINESS, AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE WEBSITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, THE SOFTWARE, OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, SOFTWARE, OR CONTENT, OR USE OF ANY OF THE FOREGOING, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE BUSINESS HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE BUSINESS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT THE BUISNESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.

THE BUISNESS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

IN ADDITION, THE BUISNESS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THE BUISNESS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE WEBSITE.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.

Indemnification
You agree to defend, indemnify and hold the Business harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.

Notice of Copyright Infringement
The Business respects the rights of copyright holders. However, materials may be made available on or via the Website by third parties not within the control of the Business. If you believe any materials on the Website infringe your copyright or the copyright of a third party, you should notify the Business. To be effective, the notice must be a written communication that includes the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that in allegedly infringed. Upon our receipt of a proper notice of claimed infringement, The Business may give notice of a claim of copyright infringement to the user who provided the materials at issue in a manner determined by The Business. The Business may, where applicable, remove or disable access to materials claimed to be infringing or remove or disable access to links to such materials.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the Businesses Designated Agent.

General
These Terms of Use are governed by and shall be construed in accordance with the laws of The Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any action or proceeding arising out of or related to the Terms of Use or your use of the Website must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.

This statement was last updated as of August 19, 2008.

©2008 Bob's Stores Corp. All rights reserved.