Date of Last Revision: August 12th, 2011
PLEASE READ THESE TERMS AND CONDITIONS (the "Terms") CAREFULLY BECAUSE YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THIS WEBSITE.
Welcome to the website, www.scottiebigbags.com (the "Site"), owned and operated by Scottie Big Bags, LLC ("SBB"). Except as otherwise noted below, these Terms govern your use of the Site, including any purchases that you make from SBB of the merchandise described on the Site (see "Terms of Sale of Products" below).
SBB reserves the right to change or modify any of these Terms or any policy or guideline of the Site, at any time and in its sole discretion, without notice, by updating this posting on the Site. If we make any changes to these Terms, we will change the "Date of Last Revision" above. Any changes or modification will be effective immediately upon posting of the revisions on the Site and shall apply to all use of the Site and all acts or omissions occurring on or after the effective date of the revised Terms. You waive any right you may have to receive specific notice of such changes or modifications. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES OR MODIFICATIONS WILL CONFIRM YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, your license to use the Site will terminate and any further use will be unauthorized, so you must stop using the Site.
Thank you for reading and agreeing to the Terms. Please direct any questions or comments regarding the Terms by email to info@scottiebigbags.com or by standard mail to SBB at the following address:
Scottie Big Bags
ATTN: Customer Service
90 Commercial Street
Suite 1A
Boston, MA 02109
All sales made by SBB to you (including orders that you place with us on the Site, or by phone or fax) are governed by these Terms unless otherwise indicated by SBB in writing. Please read these Terms carefully BEFORE PLACING AN ORDER because your placement of an order constitutes your agreement to follow and be bound by these Terms. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND AGREE TO ABIDE BY THEM. All sales are expressly conditioned upon your agreement to these Terms.
In addition to placing orders on the Site, you may contact us with an order as follows:
By Email: info@scottiebigbags.com
By Mail:
Scottie Big Bags
ATTN: Customer Service
90 Commercial Street
Suite 1A
Boston, MA 02109
We do not sell products for purchase by children. If you are under the age of 18, you must have your parent or legal guardian make the purchase for you. Currently, we only accept domestic orders from consumers within the United States of America, and sales of our merchandise by SBB to you are not intended for resale.
All payments must be made in United States dollars. We do require receipts in order to process any returns or exchanges, including returns or exchanges of merchandise received as a gift, (see "Returns Policy" and "Returns Process" below). Please be sure to keep (or give to your gift recipient) a copy of the receipt.
We currently accept Visa, MasterCard, American Express and Discover credit cards. Just enter your credit card information on the Site as directed during checkout. All credit card orders placed on the Site are handled and processed for us by our contractor, PayPal.
We also currently accept the PayPal payment method. When you make a payment using the PayPal payment method (as opposed to using a credit card), you will be redirected to a PayPal web page and will be asked to log into (or create) your PayPal account to complete the transaction. When using the PayPal payment method, you will be subject to PayPal's agreements, terms and conditions and privacy policy, all of which can be found on the PayPal website. SBB shall have no liability or responsibility to you in connection with any matters related to your use of the PayPal payment method, and any related problems or issues should be directed to PayPal. Your use of the PayPal website or any PayPal payment method or service is at your own risk. You must place your order on the Site if paying by the PayPal payment method (we are unable to process your PayPal payment by any other means.
In addition to Visa, MasterCard, American Express and Discover credit cards, we currently accept checks (must be drawn from a bank located within the United States) and money orders for orders that are not placed on the Site. Please do not place your order on the Site if paying by check or money order (the Site is not set up to accept check or money order payments). All credit card orders are processed for us by our contractor, PayPal.
All checks and money orders must be deposited in our bank account and cleared BEFORE we can ship your order. This may delay processing of your order for shipping. To help minimize any delay on our end, we will endeavor to deposit your check or money order as soon as we are in receipt of it (please be sure of sufficient funds).
Checks and money orders must be made payable to Scottie Big Bags, LLC, and sent to:
Scottie Big Bags
90 Commercial Street
Suite 1A
Boston, MA 02109
Processing time for your order will depend on your payment method. Subject to availability (inventory will fluctuate on seasonal items), we endeavor to process all orders for in stock items within three business days after the date on which your payment method has been authorized or cleared. For payments by credit cards or the PayPal payment method, this date is typically the date of the order. For payments by check or money order, this date will depend on how quickly we receive your check or money order and how quickly it clears after deposit (see "Payment Terms" above).
Standard shipping is typically via USPS. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
Once your order has been prepared for shipment or has shipped, we are unable to change the shipping address. When providing us with a shipping address, please keep in mind that we require our carriers to obtain a SIGNATURE UPON DELIVERY for all orders. This is to protect you and us against claims of non-receipt.
All shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be reviewed prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB Shipping Point. Title to products passes from SBB to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped (including any products that are lost or stolen during or after delivery or shipment). We do not provide insurance on the merchandise during delivery.
Sales or other taxes or charges will be charged on all merchandise where applicable, including on shipping and handling charges.
You must closely and carefully examine the merchandise when you receive it and either notify us at once of any missing items by emailing us at info@scottiebigbags.com, or return any defective or unsatisfactory items to us in accordance with the following "Returns Policy" and "Returns Process". We will not consider any claim for missing or defective items, or for product return for any other reason, more than 60 days from original purchase, and you will be deemed to have waived that claim.
We do require receipts in order to process any returns or exchanges (including returns or exchanges of merchandise received as a gift). Please be sure to keep (or give to your gift recipient) a copy of the receipt. We gladly accept returns of merchandise as follows:
We accept returns of merchandise (accompanied by a copy of the receipt) from the original purchaser (other than "sale" items, sales of which are final), for any reason, in its original condition (unworn, unwashed, un-used and undamaged) with all original tags, for a full refund or exchange, within 60 days after the date of original purchase.
If an item is no longer in its original condition (i.e., used, worn or washed merchandise) but, at the time shipped, has any defects in materials or workmanship, we will accept its return (accompanied by a copy of the receipt) from the original purchaser (including "sale" items) for a full refund or exchange, within 60 days after the date of original purchase. Rips, burns, tears, and damages due to accident, water or heat damage, normal wear and tear, improper care, misuse, or the natural breakdown of colors or materials over time are not considered defective and may not be returned to us. We will evaluate the returned merchandise to determine whether it is in fact defective. Our reasonable determination in this regard is final and conclusive. Defective items sent to us for refund or exchange must be properly cleaned prior to sending if they have been used or worn.
This policy also applies to returns of merchandise received as a gift, and (unless the return is being made by the original purchaser) gifted merchandise can only be returned for an exchange.
All returns must be postmarked within the 60-day period. Any other returns of merchandise will not be honored and, instead, will be returned to you without refund or exchange.
We do require receipts in order to process any returns or exchanges (including returns or exchanges of merchandise received as a gift). Please be sure to keep (or give to your gift recipient) a copy of the receipt. We gladly accept returns of merchandise as follows:
We accept returns of merchandise (accompanied by a copy of the receipt) from the original purchaser (other than "sale" items, sales of which are final), for any reason, in its original condition (unworn, unwashed, un-used and undamaged) with all original tags, for a full refund or exchange, within 60 days after the date of original purchase.
If an item is no longer in its original condition (i.e., used, worn or washed merchandise) but, at the time shipped, has any defects in materials or workmanship, we will accept its return (accompanied by a copy of the receipt) from the original purchaser (including "sale" items) for a full refund or exchange, within 60 days after the date of original purchase. Rips, burns, tears, and damages due to accident, water or heat damage, normal wear and tear, improper care, misuse, or the natural breakdown of colors or materials over time are not considered defective and may not be returned to us. We will evaluate the returned merchandise to determine whether it is in fact defective. Our reasonable determination in this regard is final and conclusive. Defective items sent to us for refund or exchange must be properly cleaned prior to sending if they have been used or worn.
This policy also applies to returns of merchandise received as a gift, and (unless the return is being made by the original purchaser) gifted merchandise can only be returned for an exchange.
All returns must be postmarked within the 60-day period. Any other returns of merchandise will not be honored and, instead, will be returned to you without refund or exchange.
To make a return, fill out the return/exchange form included in your packaged order (or print one here) and send us the item you wish to return or exchange along with a copy of your receipt. As indicated in our "Returns Policy", we do require receipts in order to process any returns or exchanges (including returns or exchanges of merchandise received as a gift). Please be sure to include a copy of the receipt with your returned merchandise.
You are responsible for paying all shipping costs and charges for any items returned to us. We will pay the shipping charges for sending you a replacement. Please send returned items to:
Scottie Big Bags
90 Commercial Street
Suite 1A
Boston, MA 02109
ALL RETURNED MERCHANDISE MUST BE SENT TO US SIGNATURE REQUIRED UPON DELIVERY, AND WE STRONGLY RECOMMEND YOU GET A TRACKING NUMBER WHEN SENDING YOUR ITEM! We do not take responsibility for items not received and/or not being tracked to this location. You are responsible for all shipping delays or problems (including any items that are lost or stolen during delivery or shipment).
It typically takes 2 weeks after our receipt of the returned item to process your request for a refund or exchange.
When we are in receipt of your returned item and have verified that you are entitled to a refund, we will refund to the original purchaser the price paid for your returned item (exclusive of any shipping or other fees) along with sales tax (if any). If a discounted or other reduced price (for example, with a coupon, promotion, etc.) was paid at the time of original purchase, then we will refund that discounted or reduced price. If the original purchase was paid with a credit card or PayPal payment method, the refund will be credited to the applicable account. If the original purchase was paid by check or money order, a check made payable to the original purchaser for the refund amount will be mailed to the address that you provide us on your refund request form.
When we are in receipt of your returned item and have verified that you are entitled to an exchange, we will ship the replacement item to you, at no additional shipping charge, to the shipping address that you provide us on your exchange request form. Items returned for exchange, but for which we no longer offer the exact product, will be issued a refund (credited or made payable to the original purchaser) instead. Once your replacement item has been prepared for shipment or has shipped, we are unable to change the shipping address. When providing us with a shipping address, please keep in mind that we require our carriers to obtain a SIGNATURE UPON DELIVERY. This is to protect you and us against claims of non-receipt. All replacement items are shipped FOB Shipping Point. Title to replacement items passes from SBB to you upon shipment, and we are not responsible for any shipping delays or problems once the replacement item has been shipped (including any items that are lost or stolen during or after delivery or shipment). We do not provide insurance on the merchandise during delivery.
For questions or assistance with your return, send an email to info@scottiebigbags.com.
Please note when emailing and contacting us that our emails will be sent from a Scottie Big Bags email account. Should you have any email/inbox restrictions, please make appropriate changes to your email settings and inbox to allow for your receipt of our emails and avoid any re-direction to a SPAM or trash folder. This way, we can expedite a response and avoid any possible error.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SBB PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS "WITH ALL FAULTS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SBB DISCLAIMS ALL WARRANTIES RELATING IN ANY WAY TO ITS PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY SBB, ITS AGENTS OR PERSONNEL SHALL CREATE A WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SBB, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LIQUIDATED OR ANALOGOUS DAMAGES (EVEN IF SBB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LOSS OF CONTENTS, PERSONAL PROPERTY, USE, PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF ANY SBB PRODUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SBB, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF ANY SBB PRODUCT EXCEED THE AMOUNT ACTUALLY PAID FOR SUCH PRODUCT BY ITS ORIGINAL PURCHASER AND RECEIVED BY SBB.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SALE OF PRODUCTS MUST BE COMMENCED AGAINST SBB BY YOU WITHIN ONE YEAR AFTER THE DATE YOU RECEIVED THE APPLICABLE SBB PRODUCT, OR SHALL BE FOREVER BARRED.
CERTAIN STATE OR OTHER LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Although SBB endeavors to display products and their colors as accurately as possible, SBB does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free or that the displayed colors of the products on a user's monitor will accurately portray the actual colors of the products. If a product offered by SBB is not as described or pictured, your sole remedy is to return it in unused condition in accordance with the above "Returns Policy" and "Returns Process". In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order. Products displayed may be out-of-stock or discontinued, and prices are subject to change without notice. SBB reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability and acceptance by SBB.
Promotional codes, coupons and discounts cannot be combined with any other promotional offer at time of redemption, cannot be applied to previous purchases, and do not apply to tax, shipping and handling, or similar processing charges.
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site (other than User Submissions (as defined below)), including the Scottie Big Bags logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of SBB or its licensors and are protected by U.S. and international copyright laws.
"Scottie Big Bags" and other product, service, brand or company names, logos and slogans of SBB that may appear on the Site or in these Terms are trademarks or registered trademarks of SBB in the United States or other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SBB. You may not use any metatags or any other "hidden text" utilizing "Scottie Big Bags" or any other name, trademark or product or service name of SBB without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SBB and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product, service, brand or company names or logos mentioned on the Site or in these Terms, including "PayPal" and "Google Analytics", are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray SBB or any of its products and services in a false, unflattering, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any logo or other proprietary graphic of SBB to link to the Site without the express written permission of SBB. Further, you may not use, frame or utilize framing techniques to enclose any SBB trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without SBB's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of SBB or any third party.
You are granted a limited, revocable, non-sublicensable, nontransferable, non- assignable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials or User Submissions for your informational, non-commercial and personal use only. This license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or any Site Materials or User Submissions; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials or User Submissions, (d) modifying or otherwise making any derivative uses (in whole or in part) of the Site or any Site Materials or User Submissions; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of, or any information contained in, any of the Site, Site Materials or User Submissions, except as expressly permitted on the Site; or (g) any use of the Site or any Site Materials or User Submissions other than for its or their intended purpose. You will not spam or send unsolicited email to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on SBB's infrastructure. Any use of the Site or any Site Materials or User Submissions other than as specifically authorized herein, without the prior written permission of SBB, is strictly prohibited and will terminate this license. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding any of these Terms, SBB reserves the right, at any time, without notice and in its sole discretion, to change any and all content contained on the Site or any services offered through the Site, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
By using the Site, you affirm to us that you are at least 18 years old. If you are under the age of 18, please do not use the Site.
At this time, we do not allow users to create any user accounts. As such, each time you make a purchase on the Site, you will have to input your credit card and other required information.
The Site may, from time to time, include blogs, product reviews, forums, or other interactive areas or services. Any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, videos, graphics, code, suggestions, ideas, comments, questions or other items, communications or materials that you post, submit or store ("post") on the Site or otherwise send to SBB by email or otherwise (except emails or communications sent by you to us directly related to your purchase of merchandise, including product returns, questions regarding orders and the like) are considered "User Submissions".
You may (as permitted by the Site) post User Submissions on the Site, or send us User Submissions, only if the User Submissions are not illegal, criminal, pornographic, lewd, obscene, disrespectful, threatening, harassing, defamatory, fraudulent, misleading, untrue, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to SBB or third parties or morally or otherwise objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, promotion or advertising, chain letters, mass mailings, or any form of "spam". All User Submissions will be treated as non-confidential. User Submissions are strictly the opinion of the user posting such User Submissions, and SBB does not endorse or approve any such User Submissions or make any guarantee regarding the accuracy or completeness of such User Submissions. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Submissions. You assume full and sole responsibility for your own User Submissions and the consequences of posting or sending them.
If you do post User Submissions on the Site or send us User Submissions, and unless we indicate otherwise, you grant SBB and its affiliates an unlimited, nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Submissions for any purpose throughout the world in any media. You grant SBB and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submissions, if they choose. You represent and warrant that you own or otherwise control all of the rights to the User Submissions that you post or send; that such User Submissions are accurate and do not infringe or violate the intellectual property or other rights of any person or entity; and that use of such User Submissions does not violate these Terms or our Privacy Policy and will not cause injury to any person or entity. SBB has the right but not the obligation to monitor and edit or remove any User Submissions at any time and for any reason without notice. SBB takes no responsibility and assumes no liability for any User Submissions.
SBB is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is SBB responsible or liable for any loss, damage, injury, or harm associated therewith. Your use of the Site is at your own risk. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site.
SBB makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of SBB and SBB has not reviewed and is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SBB provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SBB of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
SBB may provide or allow third party content on the Site and may provide or allow links to web pages and content of third parties (collectively, the "Third Party Content") as a service to those interested in this information. SBB does not monitor or have any control over any Third Party Content or third party websites. SBB does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. SBB does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use Third Party Content at their own risk.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SBB.
We control and operate the Site from the United States of America, and all information on the Site is processed within the United States. We do not represent that the Site Materials, User Submissions or other materials on the Site are appropriate or available for use in other locations.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING SITE MATERIALS AND USER SUBMISSIONS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS "WITH ALL FAULTS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SBB DISCLAIMS ALL WARRANTIES RELATING IN ANY WAY TO THE SITE (OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING SITE MATERIALS AND USER SUBMISSIONS), EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SBB DOES NOT WARRANT THAT THE SITE (OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING SITE MATERIALS OR USER SUBMISSIONS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SBB DOES NOT WARRANT THAT THE SITE OR THE SITE SERVERS OR ANY EMAIL RECEIVED FROM SBB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND CLEAN VIRUSES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY SBB, ITS AGENTS OR PERSONNEL SHALL CREATE A WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SBB, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LIQUIDATED OR ANALOGOUS DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF SBB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF USE, PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE (OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING SITE MATERIALS OR USER SUBMISSIONS) OR YOUR USE OF, OR INABILITY TO USE, THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SBB IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USER SUBMISSIONS AND YOUR INTERACTIONS WITH OTHER USERS. USER SUBMISSIONS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH USER SUBMISSIONS, AND SBB DOES NOT ENDORSE OR APPROVE ANY SUCH USER SUBMISSIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SBB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SBB IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER HARMFUL COMPONENTS TRANSMITTED BY OR THROUGH THE SITE OR ANY EMAIL SENT BY SBB.
You agree to defend, indemnify and hold harmless SBB, and any owner, parent, subsidiary, affiliate, director, officer, employee, licensor, contractor, distributor, supplier, agent, reseller, owner, or operator of SBB or the Site, from and against any and all actual or threatened claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including to attorney's fees) arising from: (a) your use of and access to the Site; (b) your User Submissions, (c) your conduct, acts or omissions (including in relation to any other user of the Site), (d) your violation of any term of these Terms; (e) your violation of any third party right, including any copyright, trademark, trade secret, property, or privacy right; or (f) your violation of law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE (OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING SITE MATERIALS OR USER SUBMISSIONS) OR YOUR USE OF, OR INABILITY TO USE, THE SITE MUST BE COMMENCED AGAINST SBB BY YOU WITHIN ONE YEAR AFTER THE DATE SUCH CLAIM OR CAUSE OF ACTION AROSE, OR SHALL BE FOREVER BARRED.
CERTAIN STATE OR OTHER LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME STATES IMPOSE LIMITATIONS ON YOUR INDEMNITY OBLIGATIONS ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, LIMITATIONS OR INDEMNITIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Please review our Privacy Policy, which also governs your use of the Site and is a part of these Terms, to understand our practices.
SBB is headquartered in the Commonwealth of Massachusetts, United States of America. By using the Site, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and any dispute arising between you and SBB. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in Suffolk County, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
SBB shall not be liable for delays in the performance of its obligation under these Terms (including delays in processing or shipping of merchandise) caused by acts of God, severe weather, war, government regulation, terrorism, disaster, strikes, civil disorder, shortage of materials, failures of licensors, contractors or suppliers, shipping delays, failure of the Internet, power failures or surges, or similar occurrence beyond SBB's control, making it impossible, illegal, or commercially impracticable for SBB to perform its obligations under these Terms or to operate the Site, in whole or in part.
When you visit or use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms constitute the entire agreement between you and SBB, superseding any prior agreements between you and SBB. The failure of SBB to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be enforced to the maximum extent permitted under applicable law, and shall not affect the validity and enforceability of any remaining provisions. As used in these Terms, "including" means "including without limitation".