Terms and conditions
Last updated: June 1, 2020
Welcome to BOBOBS.com. BOBOBS.com Services LLC and/or its affiliates ("BOBOBS") provide website features and other products and services to you when you visit or shop at BOBOBS.com, use BOBOBS products or services, use BOBOBS applications for mobile, or use software provided by BOBOBS in connection with any of the foregoing (collectively, "BOBOBS Services"). BOBOBS provides the BOBOBS Services subject to the following conditions.
By using BOBOBS Services, you agree to these conditions. Please read them carefully.
We offer a wide range of BOBOBS Services, and sometimes additional terms may apply. When you use an BOBOBS Service (for example, Your Profile, Gift Cards, BOBOBS Video, Your BOBOBS applications will be subject to the guidelines, terms and agreements applicable to that BOBOBS Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of BOBOBS Services, to understand our practices.
When you use BOBOBS Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BOBOBS Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any BOBOBS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BOBOBS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BOBOBS Service is the exclusive property of BOBOBS and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BOBOBS Service are trademarks or trade dress of BOBOBS in the U.S. and other countries. BOBOBS's trademarks and trade dress may not be used in connection with any product or service that is not BOBOBS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BOBOBS. All other trademarks not owned by BOBOBS that appear in any BOBOBS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BOBOBS.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, BOBOBS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BOBOBS Services. This license does not include any resale or commercial use of any BOBOBS Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BOBOBS Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BOBOBS or its licensors, suppliers, publishers, rightsholders, or other content providers. No BOBOBS Service, nor any part of any BOBOBS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BOBOBS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BOBOBS without express written consent. You may not use any meta tags or any other "hidden text" utilizing BOBOBS's name or trademarks without the express written consent of BOBOBS. You may not misuse the BOBOBS Services. You may use the BOBOBS Services only as permitted by law. The licenses granted by BOBOBS terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own BOBOBS account to use certain BOBOBS Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. BOBOBS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BOBOBS Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their BOBOBS Household. Alcohol listings on BOBOBS are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. BOBOBS reserves the right to refuse service, terminate accounts, terminate your rights to use BOBOBS Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BOBOBS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BOBOBS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BOBOBS and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BOBOBS for all claims resulting from content you supply. BOBOBS has the right but not the obligation to monitor and edit or remove any activity or content. BOBOBS takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from BOBOBS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
At our discretion, a refund may be issued without requiring a return. In this situation, BOBOBS does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
BOBOBS attempts to be as accurate as possible. However, BOBOBS does not warrant that product descriptions or other content of any BOBOBS Service is accurate, complete, reliable, current, or error-free. If a product offered by BOBOBS itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on BOBOBS and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on BOBOBS.
With respect to items sold by BOBOBS, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by BOBOBS is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by BOBOBS, such as the BOBOBS App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any BOBOBS Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using BOBOBS Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including BOBOBS Software), technology, and services.
Parties other than BOBOBS operate stores, provide services or software, or sell product lines through the BOBOBS Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from BOBOBS. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). BOBOBS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BOBOBS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOBOBS SERVICES ARE PROVIDED BY BOBOBS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOBOBS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BOBOBS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOBOBS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BOBOBS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BOBOBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOBOBS DOES NOT WARRANT THAT THE BOBOBS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOBOBS SERVICES, BOBOBS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BOBOBS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BOBOBS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BOBOBS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BOBOBS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any BOBOBS Service, or to any products or services sold or distributed by BOBOBS or through BOBOBS.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any BOBOBS Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BOBOBS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of BOBOBS Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.