Terms and Conditions

Your access to bombsheller.com (the “Bombsheller Site”) is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using the Bombsheller Site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy and Acceptable Use Policy, which are hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of the Bombsheller Site after the posting of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions or are dissatisfied with the Bombsheller Site, your sole and exclusive remedy is to discontinue using the Bombsheller Site.

YOUR USE

You understand, acknowledge, and agree to the following:

a. By using the Bombsheller Site, you agree not to disrupt or intercept our electronic information posted on the Bombsheller Site or on any of our servers. You also agree not to attempt to circumvent any security features of the Bombsheller Site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

b. You grant us the right to use all content you upload or otherwise transmit to the Bombsheller Site in any manner we choose, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

c. Except as expressly stated and agreed upon in advance by us, no confidential relationship shall be established in the event that any user of the Bombsheller Site should make any communication to us (such as feedback, questions, comments, suggestions, ideas, etc.).  Except for certain types of information covered by our Privacy Policy, such communication and any information submitted therewith shall be considered non-confidential, and we shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to us is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights. 

ONLINE  PURCHASES  AND  OTHER  TERMS  AND  CONDITIONS

All purchases through our site or other transactions for the sale of products governed by our Terms of Sale, which are hereby incorporated into these Terms and Conditions.

THIRD  PARTY  LINKS,  SITES  AND  SERVICES

In order to provide your shopping experience or to advertise other products or services that may be of interest to you, we occasionally partner with third parties. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third party website, service, or content from the Bombsheller Site, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content.


INTELLECTUAL PROPERTY

The information, documents, and related graphics published in the Bombsheller Site (the “Information”) are our sole property or licensed to us.  No license or right, express or implied, is granted to any person under any of our patents, trademarks, copyrights, or other proprietary rights.  No use of any our trademarks, trade names, trade dress, and/or products on the Bombsheller Site may be made without our prior written authorization.

DMCA  NOTICE

We respect the intellectual property rights of others and it is our policy to honor DMCA notices, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials on the Bombsheller Site infringe upon any copyright you own or control, or that any link made available on the Bombsheller Site directs users to another website that contains material that you own or control, please refer to our Copyright Policy.

PRIVACY AND SECURITY

We are committed to protecting your privacy. Any information collected by us on the Bombsheller Site is governed by our Privacy Policy. Please read it carefully to understand our information practices before using the Bombsheller Site. By accessing and using our Web site, you agree to be bound by that policy.You recognize and agree that when providing information allowing us to collect information, there is no absolute guarantee of security. You are responsible for maintaining the confidentiality of your account credentials and for all activities, charges and/or liabilities that occur from your account, whether or not authorized by you. You must immediately notify us of any unauthorized use of your account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with these obligations.Disclaimers and Limitation of LiabilityYou acknowledge and agree that:

a. THE BOMBSHELLER SITE, THE CONTENT THEREON, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE BOMBSHELLER SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THAT THE BOMBSHELLER SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DATA LOSS WILL NOT OCCUR.

b. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE PRODUCTS, SERVICES, INFORMATION OR CONTENT POSTED ON THE BOMBSHELLER SITE. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE BOMBSHELLER SITE AND/OR THE PRODUCTS, SERVICES, INFORMATION OR CONTENT MADE AVAILABLE THEREON, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.  Some states do not allow the limitation of liability, so this provision may not apply to you.

NOTICES

We may provide you notice of changes or any other matter by displaying notices to you on the Bombsheller Site or, at our option, by using any contact information you have provided. You agree that notice by the foregoing means shall be deemed complete when transmitted by us. All notices to us (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:

Bombsheller
424 Queen Anne Avenue North, #100
Seattle, Washington  98109

TIME  LIMITATIONS  ON  CLAIMS  AND  CAUSES  OF  ACTION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions or your use of the Bombsheller Site must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.

SEVERABILITY

If any provision of these Terms and Conditions are held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court located in King County, Washington. 


Updated February 28, 2014