|
Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
BUDD OLSEN reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.
Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BUDD OLSEN. The collective work includes works that are licensed to BUDD OLSEN. Copyright 2008, BUDD OLSEN. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with BUDD OLSEN or to purchase BUDD OLSEN products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by BUDD OLSEN in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of BUDD OLSEN used in the website (including but not limited to the BUDD OLSEN name and logo and B.O.S.S. name and logo are trademarks or registered trademarks of BUDD OLSEN RACING, LLC. They may not be used without BUDD OLSEN's prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of BUDD OLSEN and/or its licensors.
Product Orders
All orders placed through the website are subject to BUDD OLSEN's acceptance, which is in its sole discretion. Without limitation, this means that BUDD OLSEN may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, BUDD OLSEN shall issue a credit to your credit card account.
User Generated Content
BUDD OLSEN does not, and you agree that BUDD OLSEN has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, "User Generated Content"), that BUDD OLSEN is not in any manner responsible for User Generated Content, that BUDD OLSEN does not guarantee the accuracy, integrity or quality of User Generated Content, and that BUDD OLSEN cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, BUDD OLSEN is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of BUDD OLSEN or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that BUDD OLSEN has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, BUDD OLSEN reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
You agree that you shall immediately notify BUDD OLSEN in writing of any objectionable content appearing on the Website. BUDD OLSEN will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT BUDD OLSEN IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
You may not post or otherwise distribute content to the website which BUDD OLSEN in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of BUDD OLSEN or another party, illegal, or otherwise objectionable to BUDD OLSEN. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this website.
Use of Information Submitted
You agree that BUDD OLSEN is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the BUDD OLSEN website), or contained in any communication you may send to BUDD OLSEN or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon BUDD OLSEN actual knowledge of facts or circumstances from which infringing material or acts are evident. BUDD OLSEN's copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Legal Department (Copyright)
Address: PO Box 750, Sewell, NJ 08080
Telephone: 856-812-2800
Fax: 856-464-9070
We suggest that you consult your legal advisor before filing a notice with BUDD OLSEN's copyright agent. You should note that there can be penalties for false claims under the DMCA.
BUDD OLSEN may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
Third-Party Links
In an attempt to provide increased value to our visitors, BUDD OLSEN may link to websites operated by third parties. However, even if the third party is affiliated with BUDD OLSEN, BUDD OLSEN has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of BUDD OLSEN. These linked websites are only for your convenience and therefore you access them at your own risk. BUDD OLSEN seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.
Indemnification
You agree to indemnify, defend, and hold harmless BUDD OLSEN, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
Privacy
BUDD OLSEN is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.
Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUDD OLSEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUDD OLSEN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUDD OLSEN DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BUDD OLSEN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BUDD OLSEN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
BUDD OLSEN SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF BUDD OLSEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous
Your use of this website shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of BUDD OLSEN products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Gloucester County, New Jersey. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of BUDD OLSEN products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from BUDD OLSEN. You agree that any notice, agreement, disclosure or other communication that BUDD OLSEN sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. BUDD OLSEN's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BUDD OLSEN may assign its rights and duties under this Agreement to any party at any time without notice to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the website. BUDD OLSEN reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by BUDD OLSEN without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
BUDD OLSEN's Online Privacy Policy
BUDD OLSEN is committed to respecting the privacy and security of your personal information. The following U.S. online privacy policy, updated in September 2008, describes the information we collect and how we use it. By using this website, you consent to our privacy policy.
For questions or concerns, please
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or contact us at:
BUDD OLSEN
Attn: Consumer Services/Privacy
Address: PO Box 750, Sewell, NJ 08080
Telephone: 856-494-3555
Fax: 856-494-3556
Collecting Information
Like many websites, we gather information about how visitors use our website. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track your visit for trends and statistics, but you will remain anonymous unless you tell us who you are. Once you choose to give us your personal information, you are not anonymous to us. For more information, see "Cookies and Pixel Tags" section below.
We request information from you (which may include name, address, telephone number, email address, gender and when necessary, credit card information) when you:
- Register
- Purchase
- Request a catalog
- Request to receive communications
- Participate in a promotion or other website feature
In order to better understand your preferences and better serve you, we may combine information you give us online with other information from BUDD OLSEN sources, transactions and communications. This may include data from BUDD OLSEN stores, direct mail, events, or online marketing. We may also combine that information with data that is publicly available and data that we receive from other reputable sources. This data may include postal address updates and demographic data. We collect information about gift recipients to fulfill the gift purchase, respond to customer service inquiries and for analysis purposes only. All data combined and stored with online data is protected by this privacy policy.
Using Information
BUDD OLSEN may use the information we collect to:
- Customize and/or personalize your communications and shopping experience
- Better respond to your customer service inquiries
- Communicate with you about your purchase, account information, or customer service needs
- Communicate with you about our products and events, and for other promotional purposes
- Improve our business
- Administer contests, promotions, surveys or other website features
If you have purchased a product from BUDD OLSEN and have not previously registered on the website as of August 1, 2008, we will automatically add you to our direct mail (including catalog) list.
Sharing Information
For the purpose of operating our business, we may transfer information between BUDD OLSEN and our preferred service providers who use that information only to conduct BUDD OLSEN business. For example, they may handle BUDD OLSEN's credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer a website feature (e.g., music download or race registration) and in that case will notify you before you give us your information. We provide our preferred service providers with the information they need to perform their services and work with them to respect and protect your information.
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our website policies, or to protect our or others' rights, property, or safety. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
Protecting Your Information
We use a variety of security measures, including sophisticated encryption and authentication tools to maintain the safety of your personal information. Your personal information is contained behind secure networks and is only accessible to a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure.
Information Collection
We collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring Web site addresses.
Unsubscribing, Removing or Modifying Your Information
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from BUDD OLSEN or would like to update or change your personal information or preferences, follow the instructions below.
Registration Information, Email and Other Subscriptions
To unsubscribe from an email, please follow the instructions in any email you receive. You can also send a request. Be sure to include your first and last name and account email address in the "message" box.
Direct Mail (including Catalogs)
If you would like your name and address removed from BUDD OLSEN's direct mailing list or if you would like to update your mailing information, you can phone us at 856-494-3555 or email us a request. Be sure to include your first and last name and mailing address in the "message" box.
Communications in Progress/Sales and Service Information.
Please note, if you have unsubscribed from any BUDD OLSEN communications, due to production schedules, you may receive communications already in production. Also, if you request your registration information be deleted or if you unsubscribe from communications, we may maintain information about sales transactions or service inquiries for future service and record keeping purposes.
Policy Changes
We may change our privacy policy from time to time. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. This policy was last modified on September 8, 2008.
Questions and Feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Terms and Conditions
Please also visit our Terms and Conditions section that explains other terms governing the use of our website.
|
