Terms & Conditions | HonorBib.com | Custom Running Back Bibs

This Web site, www.HonorBib.com (“Web site”), is hosted by HonorBib™ LLC (“HonorBib”), provider of custom running back bibs. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

2. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web site. All purchases from this Web site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

3. Accuracy of Information. We attempt to ensure that information on this Web site is complete, accurate and current. Despite our efforts, the information on this Web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Web site. For example, products included on the Web site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

4. Use of this Web site. The Web site design and all text, graphics, information, content, and other material that is displayed on or that is uploaded or can be downloaded from this Web site are either the property of, or used with permission by, HonorBib™ LLC and associated Partners are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. ANY AND ALL IMAGES OR CONTENT SUBMITTED ON HONORBIB.COM FOR USE IN CONNECTION WITH A TRIBUTEBIB OR OTHER TEMPLATE FEATURING THE LICENSED MARKS OF SUSAN G. KOMEN FOR THE CURE® SHALL BECOME THE PROPERTY OF SUSAN G. KOMEN FOR THE CURE® AND CAN BE USED AT KOMEN’S DISCRETION. PHOTOS UPLOADED AND ALL TEXT SUBMITTED ON HONORBIB.COM ON ALL TEMPLATES WITHOUT THE SUSAN G. KOMEN FOR THE CURE® LOGO BECOME THE PROPERTY OF HONORBIB™ LLC AND CAN BE USED AT HONORBIB’S DISCRETION FOR ANY FUTURE MARKETING MATERIALS, INCLUDING PRINT OR ONLINE. You may not modify the information or materials located on this Web site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

5. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web site are registered and unregistered trademarks, trade names and service marks of HonorBib™ LLC. Other trademarks, trade names and service marks used or displayed on this Web site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web site without our written permission or the written permission of such third party owner.

HonorBib™

Tyvek® is a registered trademark of DuPont™.

Susan G. Komen for the Cure®, Race for the Cure® and Marathon for the Cure® are registered trademarks of Susan G. Komen for the Cure®.

Leukemia & Lymphoma Society®

Team In Training®

Light The Night Walk®

6. Linking to this Web site. Creating or maintaining any link from another Web site to any page on this Web site without our prior written permission is prohibited. Running or displaying this Web site or any material displayed on this Web site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply will all applicable laws, rules and regulations.

7. Third Party Links. From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials or other information located on or accessible from any other Web site. We do not endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web site, you do so entirely at your own risk.

8. Ownership and Inappropriate Material. By submitting materials to this Web site, you represent that you have ownership, full permission and/or rights to upload any and all photos, logos, corporate logos/materials, event logos/materials, trademarked materials, trademarked copy and any and/all graphics. You are prohibited to include any messages or graphics on any HonorBib™ LLC products, including HonorBib™, that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate of any laws. All HonorBib™ products, and all associated HonorBib™ Partner products such as TributeBib, will be monitored and if inappropriate material of any kind is found to have been printed, the product(s) will be destroyed and you will not be refunded any of the purchase price. In addition, if a TributeBib is found to have inappropriate material on it, then in addition to the TributeBib being destroyed, any donation amount made to Susan G. Komen for the Cure® will not be refunded and the image of the TributeBib will not be posted on any Tribute Wall. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting or creating such materials.

9. User Information. Other than personally identifiable information, which is subject to this Web site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our Partners and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

10. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES OR PARTNERS WARRANTS THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND WE DO NOT MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

11. LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web site or your downloading of any materials, from this Web site. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, SUSAN G. KOMEN FOR THE CURE, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

12. Revisions to these Terms & Conditions. We may revise these Terms & Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms & Conditions because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web site.

13. Indemnification. You agree to defend, indemnify, and hold harmless HonorBib™ LLC and successors and assigns, and its and their directors, officers, employees, agents, co-branders, Susan G. Komen for the Cure, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by HonorBib™ arising out of or relating to your use of the Web Site, your violation of this Agreement, or your violation of any rights of another.

14. Choice of Law; Jurisdiction. These Terms & Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms & Conditions will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. A printed version of these Terms & Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any and all images or content submitted on HonorBib.com for use in connection with a TributeBib or other template featuring the licensed marks of Susan G. Komen for the Cure® shall also be subject to Komen for the Cure’s Terms of Use and Privacy Policy as set forth on www.komen.org. In the event of a conflict between these Terms & Conditions and Komen’s Terms of Use and Privacy Policy, Komen’s Terms of Use and Privacy Policy shall govern.

15. Termination. You or we may suspend or terminate your account or your use of this Web site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web site at any time without notice.

16. Miscellaneous Legal Provisions. HonorBib™ LLC may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HonorBib™ LLC as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of HonorBib’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by HonorBib™ LLC with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of HonorBib™ LLC to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement is the entire and final Agreement regarding our Web site and its content, and supersedes any prior or contemporaneous communications between HonorBib™ LLC and you regarding our Web site and its contents. All rights not expressly granted herein are hereby reserved.

17. Additional Assistance. If you do not understand any of the foregoing Terms & Conditions or if you have any questions or comments, we invite you to contact us at 1-888-501-BIBS (2427) or customerservice@honorbib.com.

These Terms & Conditions were last updated on 07/29/2011.