Riding

BOBSTER.COM TERMS OF USE

CONTENT

All contents of Bobster.com and other Balboa Manufacturing websites, including product images, illustrations designs, icons, video, and text are trademarks, copyrights and/or other intellectual property owned exclusively by Balboa Manufacturing Co., LTD and are Copyright © 1998 - 2011 Balboa Manufacturing Inc. and/or its suppliers, 9401 Waples St., Suite 120, San Diego, CA 92121 U.S.A. All rights reserved. Nothing on this website may be copied or reproduced without prior written permission. Bobster Eyewear and Balboa Manufacturing reserve the right to revise or change the contents of this website without notice.

TRADEMARKS. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

DISCLAIMER

 

PROTECTIVE EYEWEAR

No protective eyewear can completely protect the user from all impacts. Items that are certified to the ANSI Z87.1 standard do exceed the safety standard ANSI Z87.1+ requirements for impact resistance, but WILL NOT protect against all impacts or chemical splashes. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT SELLER'S LIABILITY HEREUNDER. UNDER NO CIRCUMSTANCES WILL BALBOA MANUFACTURING CO., LLC dba BOBSTER EYEWEAR, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO ANYONE FOR INJURY OR DAMAGE SUSTAINED WHILE USING THE EYEWEAR, UNDER ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT FORESEEABLE OR FORESEEN, REGARDLESS OF WHETHER SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THERE IS A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT OR WHETHER ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. BUYER SHALL BE DEEMED TO ASSUME ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR MISUSE OF THE GOODS BY BUYER, ITS EMPLOYEES, CUSTOMERS AND OTHERS. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS HEREIN ARE MATERIAL, BARGAINED FOR BASES OF ANY ORDER OR CONTRACT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER ANY ORDER OR CONTRACT AND IN THE DECISION BY EACH PARTY TO ENTER INTO SUCH ORDER OR CONTRACT.

PRIVACY POLICY

Bobster® takes the protection and proper use of your personal information seriously. We respect your privacy, and take great care to safeguard information in our possession.

Bobster® does not share customer information (including e-mail addresses) outside of the company under any circumstances. Within Bobster® we restrict access to your information to those individuals who need it to provide you with services. Any third-party companies we must use to provide you with services are required to keep your information secure and confidential.

CUSTOMER ACCOUNT, PASSWORD, AND SECURITY

If a particular Balboa Manufacturing Web Site, or any product or service offered on any Balboa Manufacturing Web Site (each a "Balboa Manufacturing Site/Service", and collectively "Balboa Manufacturing Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Balboa Manufacturing immediately of any unauthorized use of your account or any other breach of security. Balboa Manufacturing will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Balboa Manufacturing or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

Balboa Manufacturing reserves the right to change the terms, conditions, and notices under which the Balboa Manufacturing Sites/Services are offered, including but not limited to the charges associated with the use of the Balboa Manufacturing Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Balboa Manufacturing Sites/Services constitutes your agreement to all such terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

The Balboa Manufacturing Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Balboa Manufacturing, and Balboa Manufacturing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Balboa Manufacturing is not responsible for web casting or any other form of transmission received from any Linked Site nor is Balboa Manufacturing responsible if the Linked Site is not working appropriately. Balboa Manufacturing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Balboa Manufacturing of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Balboa Manufacturing Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Balboa Manufacturing shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Balboa Manufacturing Sites/Services, you will not use the Balboa Manufacturing Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Balboa Manufacturing Sites/Services in any manner that could damage, disable, overburden, or impair any Balboa Manufacturing Site/Service(s) (or the network(s) connected to any Balboa Manufacturing Site/Service(s)) or interfere with any other party's use and enjoyment of any Balboa Manufacturing Site/Service(s). You may not attempt to gain unauthorized access to any Balboa Manufacturing Site/Service, other accounts, computer systems or networks connected to any Balboa Manufacturing Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Balboa Manufacturing Sites/Services.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BALBOA MANUFACTURING SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BALBOA MANUFACTURING SITES/SERVICES AND TO THE INFORMATION THEREIN. BALBOA MANUFACTURING AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BALBOA MANUFACTURING SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BALBOA MANUFACTURING SITES/SERVICES SHOULD NOT BE RELIED UPON FOR ANY FINANCIAL DECISIONS

BALBOA MANUFACTURING AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BALBOA MANUFACTURING SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BALBOA MANUFACTURING AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT BALBOA MANUFACTURING SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN BALBOA MANUFACTURING SITE/SERVICE. YOU SPECIFICALLY AGREE THAT BALBOA MANUFACTURING IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BALBOA MANUFACTURING IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN BALBOA MANUFACTURING SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL BALBOA MANUFACTURING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BALBOA MANUFACTURING SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE BALBOA MANUFACTURING SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BALBOA MANUFACTURING SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BALBOA MANUFACTURING SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BALBOA MANUFACTURING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BALBOA MANUFACTURING SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BALBOA MANUFACTURING SITES/SERVICES.

BALBOA MANUFACTURING MAKES NO WARRANTY THAT ANY BALBOA MANUFACTURING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

Balboa Manufacturing reserves the right, in its sole discretion, to terminate your access to any or all Balboa Manufacturing Sites/Services and the related services or any portion thereof at any time, without notice.

Balboa Manufacturing may also terminate or suspend your access to Balboa Manufacturing Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Balboa Manufacturing. Upon termination of the Balboa Manufacturing Site/Service, your right to use the Balboa Manufacturing Site/Service immediately ceases.

Balboa Manufacturing shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

GENERAL

The laws of the State of California, U.S.A., govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Balboa Manufacturing Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Balboa Manufacturing as a result of this agreement or use of the Balboa Manufacturing Sites/Services. You agree to indemnify and hold Balboa Manufacturing, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Balboa Manufacturing Sites/Services. Balboa Manufacturing reserves the right to disclose any personal information about you or your use of the Balboa Manufacturing Sites/Services, including its contents, without your prior permission if Balboa Manufacturing has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Balboa Manufacturing or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Balboa Manufacturing's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Balboa Manufacturing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Balboa Manufacturing Sites/Services or information provided to or gathered by Balboa Manufacturing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Balboa Manufacturing with respect to the Balboa Manufacturing Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Balboa Manufacturing with respect to the Balboa Manufacturing Sites/Services. 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.