The following Terms of Use contain the complete terms and conditions that apply to an
individual's or entity's use of the Bobberstop.com site. As used in this Agreement, "We,"
"Us" or "Our" refers to Bobberstop.com, and "You" or "Your" refers to the user. "Site"
means any Bobberstop.com site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and Your waiver of any
and all claims against Bobberstop.com, its parents, subsidiaries, affiliates, contractors, agents,
officers, directors or employees arising out of Your use of Our Site or any materials, information,
opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any time and in Our sole
discretion, by posting a change notice or a new user agreement on Our Site. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR
USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE
CHANGE.
3. COPYRIGHT
Use : All content included on Our Site, such as text, graphics, logos, button icons, images, audio
clips and software, is Our property or that of Our content suppliers and is protected by U.S. and
international copyright laws. The compilation (meaning the collection, arrangement and assembly)
of all content on Our Site is Our property protected by U.S. and international copyright laws. All
software used on Our Site is Our property or that of Our software suppliers and is protected by
U.S. and international copyright laws. You may electronically copy and print in hard copy portions
of Our Site for the limited purpose of placing an order with Us or using it as a shopping resource.
Any other use-including reproduction for purposes other than those noted above, modification,
distribution, transmission, republication, display or performance-of the content on a Site without
Our prior written permission is strictly prohibited.
Penalty : Unauthorized copying of the software, or failure to comply with the above restrictions,
may result in severe civil and criminal penalties. Unauthorized duplication of the software
constitutes copyright infringement and, in the United States, is punishable in a federal criminal
action by a fine of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition,
federal civil penalties allow the recovery of actual damages based on the number of copies
produced plus the profits of the infringer, or statutory damages of up to U.S.$100,000 for willful
copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE
INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT,
OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR
TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF
OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR
THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR
THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material,i.e.SPAM. If despite this policy you submit any
such Materials, We will deem it Our property. We will not treat the Materials as confidential, and
We will not be liable for any use or disclosure of such Materials. Without limitation, We will own the
exclusive rights to the Materials and will be entitled to unrestricted use of the Materials for any
purpose, commercial or otherwise, without compensation to the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR
ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH
THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS
AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING
OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless Bobberstop.com, its parents, subsidiaries, affiliates,
contractors, agent, officers, directors and employees against all claims, losses, damages,
liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or
arising out of a violation of these Terms of Use or Your use of this Site, including, without
limitation, any claim arising out of unauthorized links to Our Site.
8. MISCELLANEOUS
Nonwaiver : If We fail to insist upon or enforce strict performance of any provision or right under
the terms and conditions of these Terms of Use, it will not be construed as a waiver of any
provision or right; rather, the same will be and remain in full force and effect.
Choice of Law : These Terms of Use will be interpreted, construed and enforced in all respects in
accordance with the laws of the State of Wisconsin to the exclusion of any other law which may be
imputed in accordance with choice of law rules applicable in any jurisdiction. The 1980 U.N.
Convention on Contracts for the International Sale of Goods or any successor thereto does not
apply to these Terms of Use. For any suit or claim pertaining to these Terms of Use or any
information furnished hereunder, You irrevocably consent to the jurisdiction and venue of any
state or federal court sitting in Milwaukee County, Wisconsin, USA, and You will not commence an
action or proceeding relating to the subject matter of these Terms of Use in any other jurisdiction.
English Language Governs : It is the express wish of the parties that these Terms of Use be drawn
up in English. C'est la volonté explicite des parties que ces termes d'usage soient rédiger en
anglais.
Independent Contractor : These Terms of Use will not be interpreted or construed to create or
evidence a partnership, joint venture or franchise relationship among the parties or as imposing
any partnership or franchiser obligation or liability on either party.
Compliance With Laws : You will comply at Your own expense with all statutes, regulations, rules,
ordinances and orders of any governmental body, department or agency that apply to or result
from Your use of Our Site.
Severability : If any provision of these Terms of Use will be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from and will not affect the validity
and enforceability of any remaining provisions.
Copyright© 2006 - 2011 BobberStop.com
individual's or entity's use of the Bobberstop.com site. As used in this Agreement, "We,"
"Us" or "Our" refers to Bobberstop.com, and "You" or "Your" refers to the user. "Site"
means any Bobberstop.com site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and Your waiver of any
and all claims against Bobberstop.com, its parents, subsidiaries, affiliates, contractors, agents,
officers, directors or employees arising out of Your use of Our Site or any materials, information,
opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any time and in Our sole
discretion, by posting a change notice or a new user agreement on Our Site. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR
USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE
CHANGE.
3. COPYRIGHT
Use : All content included on Our Site, such as text, graphics, logos, button icons, images, audio
clips and software, is Our property or that of Our content suppliers and is protected by U.S. and
international copyright laws. The compilation (meaning the collection, arrangement and assembly)
of all content on Our Site is Our property protected by U.S. and international copyright laws. All
software used on Our Site is Our property or that of Our software suppliers and is protected by
U.S. and international copyright laws. You may electronically copy and print in hard copy portions
of Our Site for the limited purpose of placing an order with Us or using it as a shopping resource.
Any other use-including reproduction for purposes other than those noted above, modification,
distribution, transmission, republication, display or performance-of the content on a Site without
Our prior written permission is strictly prohibited.
Penalty : Unauthorized copying of the software, or failure to comply with the above restrictions,
may result in severe civil and criminal penalties. Unauthorized duplication of the software
constitutes copyright infringement and, in the United States, is punishable in a federal criminal
action by a fine of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition,
federal civil penalties allow the recovery of actual damages based on the number of copies
produced plus the profits of the infringer, or statutory damages of up to U.S.$100,000 for willful
copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE
INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT,
OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR
TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF
OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR
THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR
THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material,i.e.SPAM. If despite this policy you submit any
such Materials, We will deem it Our property. We will not treat the Materials as confidential, and
We will not be liable for any use or disclosure of such Materials. Without limitation, We will own the
exclusive rights to the Materials and will be entitled to unrestricted use of the Materials for any
purpose, commercial or otherwise, without compensation to the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR
ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH
THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS
AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING
OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless Bobberstop.com, its parents, subsidiaries, affiliates,
contractors, agent, officers, directors and employees against all claims, losses, damages,
liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or
arising out of a violation of these Terms of Use or Your use of this Site, including, without
limitation, any claim arising out of unauthorized links to Our Site.
8. MISCELLANEOUS
Nonwaiver : If We fail to insist upon or enforce strict performance of any provision or right under
the terms and conditions of these Terms of Use, it will not be construed as a waiver of any
provision or right; rather, the same will be and remain in full force and effect.
Choice of Law : These Terms of Use will be interpreted, construed and enforced in all respects in
accordance with the laws of the State of Wisconsin to the exclusion of any other law which may be
imputed in accordance with choice of law rules applicable in any jurisdiction. The 1980 U.N.
Convention on Contracts for the International Sale of Goods or any successor thereto does not
apply to these Terms of Use. For any suit or claim pertaining to these Terms of Use or any
information furnished hereunder, You irrevocably consent to the jurisdiction and venue of any
state or federal court sitting in Milwaukee County, Wisconsin, USA, and You will not commence an
action or proceeding relating to the subject matter of these Terms of Use in any other jurisdiction.
English Language Governs : It is the express wish of the parties that these Terms of Use be drawn
up in English. C'est la volonté explicite des parties que ces termes d'usage soient rédiger en
anglais.
Independent Contractor : These Terms of Use will not be interpreted or construed to create or
evidence a partnership, joint venture or franchise relationship among the parties or as imposing
any partnership or franchiser obligation or liability on either party.
Compliance With Laws : You will comply at Your own expense with all statutes, regulations, rules,
ordinances and orders of any governmental body, department or agency that apply to or result
from Your use of Our Site.
Severability : If any provision of these Terms of Use will be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from and will not affect the validity
and enforceability of any remaining provisions.
Copyright© 2006 - 2011 BobberStop.com
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| Terms of Use |