Terms of Use
1. Acceptance of terms of use and amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms of use,
as amended from time to time with or without notice to you. In
addition, if you are using a particular service on this web site or
accessed via this web site, you will be subject to any rules or
guidelines applicable to those services, and they will be incorporated
by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.
2. Bonanza Sports & Collectibles service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree
that Bonanza Sports & Collectibles reserves the right to modify or discontinue
provision of this web site and its services, and to remove the data you
provide, either temporarily or permanently, at any time, without notice
and without any liability towards you, Bonanza Sports & Collectibles will not be held
responsible or liable for timeliness, removal of information, failure
to store information, inaccuracy of information, or improper delivery
of information.
3. Your responsibilities and registration obligations
In order to use this web site or certain parts of it, you may be required to register for a user account
on this web site; in this case, you agree to provide truthful
information when requested, and -- if a minimum age is required for
eligibility for a user account -- you undertake that you are at least
the required age. By registering for a user account, you explicitly
agree to this site's Terms of use, including any amendments made by Bonanza Sports & Collectibles that are published herein.
4. Privacy policy
Registration data and other personally
identifiable information that the site may collect is subject to the
terms of Bonanza Sports & Collectibles Privacy policy.
5. Registration and password
You are responsible for
maintaining the confidentiality of your password, and you will be
responsible for all usage of your user account and/or user name,
whether authorized or not authorized by you. You agree to immediately
notify Bonanza Sports & Collectibles of any unauthorized use of your user account,
user name or password.
6. Your conduct
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way
that may be construed as: unlawful; illegal; threatening; harmful;
abusive; harassing; stalking; tortious; defamatory; libelous; vulgar;
obscene; offensive; objectionable; pornographic; designed to interfere
with or disrupt the operation of this web site or any service provided;
infected with a virus or other destructive or deleterious programming
routine; giving rise to civil or criminal liability; or in violation of
an applicable local, national or international law;
(b) you will not
impersonate or misrepresent your association with any person or entity;
you will not forge or otherwise seek to conceal or misrepresent the
origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d)
you will not provide, and you will not use this web site to provide,
any content or service in any commercial manner, or in any manner that
would involve junk mail, spam, chain letters, pyramid schemes, or any
other form of unauthorized advertising or commerce; you will not use
this web site to promote or operate any service or content without Bonanza Sports & Collectibles prior written consent;
(e) you will not provide any
content that may give rise to Bonanza Sports & Collectibles being held civilly or
criminally liable, or that may be considered a violation of any local,
national or international law, including -- but not limited to -- laws
relating to copyrights, trademarks, patents, or trade secrets.
7. Third-party services
Goods and services of third parties
may be advertised and/or may be made available on or through this web
site. Representations made regarding products and services provided by
third parties will be governed by the policies and representations made
by these third parties. Bonanza Sports & Collectibles will not in any manner be
liable for or responsible for any of your dealings or interaction with
third parties.
8. Indemnification
You agree to indemnify and hold harmless Bonanza Sports & Collectibles and Bonanza Sports & Collectibles' representatives, subsidiaries,
affiliates, related parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and co-branders, from
any claim or demand, including reasonable legal fees, that may be filed
by any third party, arising out of your conduct or connection with this
web site or service, your provision of content, your violation of these
Terms of use, or any other violation by you of the rights of another person or party.
9. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT
YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE
"SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO
YOU "AS IS", AND Bonanza Sports & Collectibles EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
Bonanza Sports & Collectibles MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT
ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT
WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN
ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER Bonanza Sports & Collectibles NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE
OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA
THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT Bonanza Sports & Collectibles WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties,
and certain statements in the above disclaimer may not apply to you as
regards implied warranties; the other terms and conditions remain
enforceable notwithstanding.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES,
BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF Bonanza Sports & Collectibles HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF
SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING
SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED
INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT
OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO
SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
11. Reservation of rights
Bonanza Sports & Collectibles reserves all of Bonanza Sports & Collectibles' rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other
proprietary right that Bonanza Sports & Collectibles may have in respect of this web
site, its content, and goods and services that may be provided. The use
of Bonanza Sports & Collectibles' rights. and property requires Bonanza Sports & Collectibles'
prior written consent. By making services available to you, Bonanza Sports & Collectibles' is not providing you with any implied or express licenses or
rights, and you will have no rights to make any commercial use of this
web site or provided services without Bonanza Sports & Collectibles' prior written
consent.
12. Order Cancellations
We reserve the right to cancel any customer orders for reasons such as pricing error, out of stock, security, or fraud.
13. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a
copyright infringement or a violation of your intellectual property
rights, Bonanza Sports & Collectibles' copyright agent may be contacted via:
e-mail to the site administrator
Bonanza Sports & Collectibles
4300 US Highway 1
Ste 203 #330
Jupiter, FL 33477
14. Applicable law
You agree that these Terms of use
and any dispute arising out of your use of this web site or products or
services provided will be governed by and construed in accordance with
the laws of the United States without regard to its conflict of law provisions.
any differences between the said applicable legislation and legislation
in force at your location. By registering for a user account on this
web site, or by using this web site and the services it provides, you consent and submit to
the exlusive jurisdiction and venue of the appropriate courts located in Palm Beach County, FL
of the United States and that any disputes will be heard by the said courts.
15. Miscellaneous information
(i) In the event that any provision of these Terms of use
is deemed to conflict with legislation by a court with jurisdiction
over the parties, the said provision will be interpreted to reflect the
original intentions of the parties in accordance with applicable law,
and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use
will not be considered to be a waiver of that party's right, and the
said right will remain in full force and effect; (iii) You agree that
any claim or cause in respect of this web site or its services must be
filed within one (1) year after such claim or cause arose, or the said
claim or cause will be forever barred, without regard to any contrary
legislation; (iv) Bonanza Sports & Collectibles may assign Bonanza Sports & Collectibles' rights
and obligations under these Terms of use; in this event, Bonanza Sports & Collectibles will be relieved of any further obligation.