Terms of Use
Last Updated: 28 March 2018
By using the https://bobbiedillon.com website (the “Site”), you agree to follow and be bound by these terms of use (“Terms of Use”), and the Privacy Policy which is hereby incorporated into these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, clients, merchants, and/or contributors of content.
This Site is operated by BobbieDillon.com. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refer to BobbieDillon.com, and “Services” refers to all services provided by us through the Site. BobbieDillon.com offers this website, including all information, tools and services available on this Site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically.
Our website is hosted by Squarespace, Inc.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
1. Description of the Service and Site.
1.1 Website. The Site is intended to provide you with information about BobbieDillon.com and its Services.
2. General Conditions.
2.1 You may not use our Site or Services for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.2 You must not transmit any malware, worms, or viruses or any code of a destructive nature.
2.3 We reserve the right to immediately terminate your use of the Site and Services if you breach or violate these Terms of Use.
2.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Service, or access to the Service or any contact on the Site, without express written permission by us.
3. Accounts.
3.1 Account. To use the Services within the Client Portal, you will be assigned an account (“Account”). You agree (i) to provide accurate and complete Account and login information; (ii) to keep, and ensure that permitted users keep, all Account login details and passwords secure at all times; (iii) to remain solely responsible and liable for the activity that occurs in connection with your Account, (iv) that the login details for each permitted user may only be used by that permitted user, and that multiple people may not share the same login details; and (v) to promptly notify BobbieDillon.com in writing if you become aware of any unauthorized access or use of your Account or the Service. You may be held liable for any losses incurred by BobbieDillon.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
3.2 Staying Safe. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You are solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.
4. User Content. When you upload content to BobbieDillon.com, you still own it. You do, however, give us permission to use it in the ways necessary to provide our Services. You may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content"). When you provide User Content via the Site, you grant BobbieDillon.com a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, and protect the Services.
5. User Responsibilities.
5.1 Conduct. You are responsible for your conduct and User Content. We may review your conduct and User Content for compliance with these Terms of Use. With that said, we have no obligation to do so. We’re not responsible for User Content.
5.2. Laws. You shall not use of Services in violation of any law, including without limitation applicable US export controls, regulations and sanctions.
5.3 Share Responsibly. If the Services let you share User Content with others, including without limitation on social media and the open web, please think carefully about what you share. We’re not responsible for what you share via the Site or the Services.
6. Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.
7. Confidential Information. You agree to keep confidential and to use only for purposes permitted under these Terms of Use, any BobbieDillon.com proprietary or confidential information disclosed to you on or through the Site or in connection with your use of the Services which is marked as confidential or is identified at the time of disclosure as confidential or which would reasonably be considered confidential or proprietary in nature. The obligation of confidentiality shall not apply to information which is publicly available through authorized disclosure, is rightfully known by you prior to the time of disclosure as evidenced in writing, is rightfully obtained from a third party who has the right to disclose it, or which is required by law, government order or request to be disclosed (provided that you shall give written notice to BobbieDillon.com of such disclosure and an opportunity, at BobbieDillon.com's expense, to resist or restrain the scope of such request).
8. Links; Third Party Services, And Sites.
8.1 Links on our Site. The Site may contain links to third party websites that are not owned or controlled by BobbieDillon.com. We are not affiliated with, have no control over, do not endorse and assume no responsibility for the content, privacy policies, or practices of any third party websites or any product or service available on third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release us from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
8.2 Links to our Site. We permit you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the content as it appears on the Site; (iii) you shall not misrepresent your relationship with BobbieDillon.com or present any false information about us and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms of Use and applicable law. You shall remove any link to this Site immediately upon our request.
8.3 Third Party Services and Websites. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services or the associated third party websites, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. When you access third party sites, you do so at your own risk. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services.
9. Intellectual Property.
9.1 Compliance with Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Account. If you believe that any content on the Site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at Bobbie@bobbiedillon.com.
9.2 Ownership. This Site is owned and operated by BobbieDillon.com. All right, title and interest in and to the materials provided on this Site, including but not limited to information, software, documents, logos, graphics, sounds and images (the "Materials") are owned or licensed either by BobbieDillon.com or by our respective third party authors, providers, developers or vendors. Except as may be expressly stated on the Site, in these Terms of Use or in a separate written agreement between you and BobbieDillon.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of BobbieDillon.com's intellectual property rights, whether by estoppel, implication or otherwise. See the "Contact Information" below if you have any questions about obtaining such licenses. BobbieDillon.com does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by BobbieDillon.com. Any rights not expressly granted herein are reserved by BobbieDillon.com. You agree not to change, translate or otherwise create derivative works of the Services.
9.3 We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after these Terms of Use are terminated or you stop using the Site.
10. BobbieDillon.com Rights. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (i) we may change the Services and their functionality; (ii) we may restrict access to or use of parts or all of the Site and/or the Services; (iii) we may suspend or discontinue parts or all of the Site and/or the Services; (iv) we may terminate, suspend or restrict your access to or use of parts or all of the Site or the Services; (v) we may terminate, suspend or restrict access to your Account; and (vi) we may change our eligibility criteria to use the Site or Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Site or Services in that jurisdiction).
11. Privacy. Our Privacy Policy explains how we handle your and your site visitor’s information. Be sure to read it carefully, as it’s part of these Terms of Use. Our Privacy Policy explains how we collect, use and share your and your end user’s information. By using the Site, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.
12. Warranty Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, BOBBIEDILLON.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMTED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ITTLE, AND NON-INFRINGEMENT. THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE". NO ADVICE OR INFORMATION, WHETER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOBBIEDILLON.COM SHALL CREATE ANY WARRANTY. BOBBIEDILLON.COM MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR THE SERVICES WILL: (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. BOBBIEDILLON.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
13. Limitation Of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOBBIEDILLON.COM BE LIABLE WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THESE TERMS OF USE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES; (C) ANY DAMAGES RELATED TO YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION INTERRUPTION OF USE OR CESSATION OR MODIFICATION OF ANY ASPECT OF THE SERVICES; (D) ANY DAMAGES RELATED TO LOSS OR CORRUPTION OF ANY CONTENT OR DATA, INCLUDING WITHOUT LIMITATION USER CONTENT; (E) ANY USER CONTENT OR OTHER CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY USING THE SERVICES, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE OR UNLAWFUL CONDUCT OR CONTENT; OR (F) ANY THIRD PARTY SERVICES OR THIRD PARTY SITES ACCESSED VIA THE SERVICES. THESE LIMITATIONS APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BOBBIEDILLON.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOBBIEDILLON.COM FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE AND THE SERVICES EXCEED THE GREATER OF (I) TWENTY DOLLARS ($20) (OR THE LOWEST AMOUNT ALLOWABLE UNDER APPLICABLE LAWS, OR (II) THE AMOUNTS PAID BY YOU TO BOBBIEDILLON.COM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM.
14. Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless BobbieDillon.com, and its members, managers, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Site, the Services or the Materials, or (ii) your breach of these Terms of Use or the documents they incorporate by reference, or (iii) your violation of any law or the rights of a third-party. This paragraph shall apply to both direct and third party claims.
15. Errors, Inaccuracies, and Omissions.
15.1. Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice.
15.2. We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
16. Accuracy, Completeness, and Timeliness of Information.
16.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more-timely sources of information. Any reliance on the material on this Site is at your own risk.
16.2. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
17. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site and Services as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms of Use, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, and/or (v) protect the rights, property or safety of BobbieDillon.com, its users or the public.
18. Dispute Resolution; Controlling Law; Venue.
18.1. Before filing a claim against BobbieDillon.com, you agree to try to work it out informally with us first by emailing Bobbie@bobbiedillon.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or BobbieDillon.com may then bring a formal proceeding in accordance with applicable law.
18.2. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
18.3. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of New York excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the County of Ontario, State of New York You and BobbieDillon.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site. Notwithstanding the foregoing, BobbieDillon.com reserves the right to seek injunctive relief in any court in any jurisdiction.
18.4. To the fullest extent permitted by law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action and you hereby waive all such rights and remedies. You hereby waive your right to, and agree that you shall not, file a claim against us in or participate in a class action, class arbitration, private attorney general action or consolidation with other arbitrations.
19. Waiver, Severability, And Assignment. Our failure to enforce any provision of these Terms of Use is not a waiver of our right to do so later. If any provision of these Terms of Use is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms of Use, and any such attempt will be void. We may assign our rights under these Terms of Use at any time without your consent.
20. Modifications. We may modify these Terms of Use from time to time. By continuing to use or access the Site after any modifications come into effect, you agree to be bound by the modified Terms of Use. If you disagree with our changes, then you should stop using the Site and the Services.
21. Headings. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms.
22. Contact Information. Questions about these Terms of Use or the practices of this Site should be sent to us at Bobbie@bobbiedillon.com.
23. Other Agreements. These Terms of Use are not intended to modify the express provisions of any written contract between BobbieDillon.com and any customer. In the event of any conflict between these Terms of Use and any such contract, the terms of such contract shall control.
Thank you for reading our Terms of Use.