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TERMS OF USE

Terms of Use

Introduction

The site www.Bosca.com (the "Site") is owned and operated by Hugo Bosca Company, Inc., DBA Bosca, DBA Bosca Accessories ("Bosca"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SITE.

1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

2. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

3. Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate and up to date. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up to datedness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

4. Use of the Site. The Site is a general purpose website and is not targeted towards children under 13. By registering an account on the Site, you represent and warrant that you are 18 years of age or older. If we become aware that you are under 18, we will terminate your registration. You may use the Site solely for your personal, non-commercial use. You acknowledge and agree that we do not control the User Content posted to the Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views. You understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

5. Intellectual Property. The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site (excluding User Content) are either the property of, or used with permission by Bosca or our other service providers and licensors and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. As a user of the Site you may post content, including reviews, profile information, messages or other materials ("User Content") and share it with other Users. Subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Certain trademarks, trade names, service marks and logos used or displayed on the Site are the property of Bosca, its affiliates or our licensors. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Bosca or such third party owner.

6. Restrictions of Use of the Site. By using the Site, you agree that you will not:

  • Create or maintain any link from another Web site to any page on the Site without Bosca's prior written permission;
  • Run or display the Site or any material displayed on the Site in frames or through similar means on another Web site without Bosca's prior written permission;
  • Modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose;
  • Use any robot, spider, site search application or other device to retrieve or index any portion of the Site;
  • Collect any information about other Users, including usernames and email addresses;
  • Create or transmit to other Users unsolicited electronic communications, such as spam, or otherwise interfere with the other Users' enjoyment of the Site;
  • Transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site;
  • Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site;
  • Submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or
  • Use the Site or any User Content to violate any applicable local, state, federal or international law.

That the user of Bosca.com agrees that they will NOT offer Bosca product at a full or discounted prices on any website or on any marketplaces such as  Amazon, Walmart, eBay, Etsy, Rakuten, Newegg, Bonanza, or eBid, or similar sites and will sell only to bona fide final consumers, and in addition will  not sell or ship or arrange for product to be shipped to any other physical or internet retailer, retail location, internet site, whether or not those business are also authorized dealers.

7. Third Party Links. From time to time, the Site may contain links to Websites that are not owned, operated or controlled by Bosca. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither Bosca nor any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other Website. Neither Bosca, service providers, or suppliers endorse, guarantee, or make any representations or warranties regarding any other Website, or any content, materials or other information located or accessible from such Websites, or the results that you may obtain from using such Websites. If you decide to access any other Website linked to or from the Site, you do so entirely at your own risk.

8. Inappropriate User Material. You are prohibited from posting or transmitting any content that:

  • Is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material;
  • Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
  • Is patently offensive to Users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or
  • Harasses or advocates harassment of another person.

9. User Content Posted by You. User Content is and will be considered non-confidential and non-proprietary. You are solely responsible for any User Content you post, publish or display on the Site or transmit to Users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent. Bosca may, but is not obligated to, monitor or review any User Content. Bosca shall have no obligations to use, return, review, or respond to any User Content. Bosca will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Bosca retains the right to remove any or all User Content for any or no reason, including User Content that, in our sole discretion, violates these Terms of Use, is offensive or illegal or may harm, violate the rights of or threaten the safety of any User or any other individual or entity. By uploading User Content to the Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

  • Bosca and our service providers an irrevocable, perpetual, non- exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and
  • Subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non- commercial use.
  • You understand that Bosca may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content ("Idea"), that Bosca may already know of such Idea from other sources, and that Bosca may simply wish to develop such idea or a similar idea on its own.

10. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BOSCA, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOSCA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. BOSCA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BOSCA DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability. IN NO EVENT SHALL BOSCA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BOSCA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BOSCA'S RECORDS, PROGRAMS OR SERVICES.

12. Trademarks www.Bosca.com logos, and any other product or service name or slogan contained in our Site are trademarks of Bosca and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bosca or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "www.Bosca.com" or any other name, trademark or product or service name of Bosca without our prior written permission.

13. Revisions to these Terms of Use. Bosca may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use.

14. Applicable Law and Venue. These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of Ohio, applicable to agreements made and to be entirely performed within the State of Ohio, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Franklin County, Ohio and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

15. Indemnification. You agree to defend, indemnify and hold harmless Bosca, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Bosca and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

16. Termination. You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.

17. Additional Assistance. If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our customer service department at info@bosca.com or by calling 1-866-890-5696.