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Terms of Use

 

Introduction

Welcome to www.incredibundles.com. This web site, and the information, content, products and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by IncrediBundles.com LLC ("IncrediBundles.com" or "We"). These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of this Web Site.


Modifications to this Agreement

IncrediBundles.com may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.


Contact Information

If you have any questions or concerns with respect to this Agreement or the Web Site you may contact us online or by mail at Customer Service, IncrediBundles.com LLC, 606 Post Road East, Suite 603, Westport, CT 06880.


Web Site Intended Audience

This Web Site is operated by IncrediBundles.com from its offices in the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.


Disclaimer

PRODUCT DESCRIPTIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE EXPRESS WARRANTIES OR REPRESENTATIONS. ALL SALES ARE “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS FROM INCREDIBUNDLES.COM. INCREDIBUNDLES.COM HEREBY DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Sole Remedies: Merchandise Return & Manufacturer Warranty Statements

If any product is defective or not as described when you receive it, your sole and exclusive remedy against IncrediBundles.com is to return it to us in unused and undamaged condition in accordance with our Return Policy. Some product manufacturers include warranty statements that provide you with additional rights against such manufacturers; if you would like to find out more about applicable manufacturer warranty statements, please contact us. But, IncrediBundles.com does not extend or endorse any warranties — we sell "as is."


Risk of Loss

All items purchased from IncrediBundles.com are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.


Order Acceptance and Shipment

Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the product(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. IncrediBundles.com is a reseller to end-use customers and does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site.


Pricing and Sales Tax

We cannot confirm the price of an item until you place an order. We do not charge your credit card until your order is shipped. At the time that you place your order, it will include an estimate for sales tax; the actual amount will be charged at the time your order is shipped. As of the effective date of this version of the Agreement as set forth above, we will add sales tax for orders to be delivered to addresses in the State of Connecticut. Each customer is solely responsible for all sales/use taxes applicable to orders shipped to all other locations. The sales tax we charge will incorporate both state and local taxes and therefore may vary from one locale to another. It will be calculated based on state and local laws, which may include tax on shipping, handling, and gift-wrap charges. No sales tax is applied to gift certificates, but purchases paid for with gift certificates may be subject to tax.


Pricing Errors and Omissions

We exert significant effort to display accurate information on the Web Site and when errors are discovered, we correct them. However, IncrediBundles.com reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.


Privacy

We describe our current practices related to personally identifiable information collected through the Web Site in our Privacy Policy which may be updated from time to time at our sole discretion.


Your Use of Content and Information — Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. Some of the Content is provided by IncrediBundles.com or its suppliers, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via product reviews, blogs, bulletin boards, or discussion forums. While IncrediBundles.com strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, IncrediBundles.com cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by IncrediBundles.com or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of IncrediBundles.com. IncrediBundles.com does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site. IncrediBundles.com does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. Notwithstanding the foregoing, IncrediBundles.com will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.


User-Submitted Content - Representations Made and Rights Granted

You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to IncrediBundles.com that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content. IncrediBundles.com makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to IncrediBundles.com and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as follows: (i) with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (ii) with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.


Member Conduct

You agree to not use the Web Site to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  1. harm minors in any way;

  1. impersonate any person or entity, including, but not limited to, an IncrediBundles.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  1. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site;

  1. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  1. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  1. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  1. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  1. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

  1. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;

  1. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

  1. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

  1. "stalk" or otherwise harass another; and/or

  1. collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

Ownership and Intellectual Property Rights

This Web Site is owned by IncrediBundles.com. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of IncrediBundles.com or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.


License to Use Content

IncrediBundles.com grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of IncrediBundles.com. All rights not expressly granted in this Agreement are expressly reserved to IncrediBundles.com. Please contact us to request permission to use content for commercial or non-commercial purposes.


Trademark Notices

All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by IncrediBundles.com or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by IncrediBundles.com or its affiliates without our prior written consent.


Your Contact With Advertisers or Other Third Parties and Other Web Sites

Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by IncrediBundles.com of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. IncrediBundles.com does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that IncrediBundles.com will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.


Disclaimer of Warranties With Respect to Web Site

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INCREDIBUNDLES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

INCREDIBUNDLES.COM DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. INCREDIBUNDLES.COM MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.


Limitations of Liability

INCREDIBUNDLES.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT INCREDIBUNDLES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL INCREDIBUNDLES.COM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR ANY ITEM PURCHASED AT THE STORE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT INCREDIBUNDLES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


Indemnification

You agree to indemnify and hold harmless IncrediBundles.com, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.


Your Account

You are responsible for maintaining the confidentiality of any passwords associated with your IncrediBundles.com account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).


Modification or Suspension of the Web Site

IncrediBundles.com may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.


Termination

Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.


Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.


Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of New York without giving effect to any principles of conflicts of law. Any legal action or proceeding between IncrediBundles.com and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Westchester County, New York, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.