Terms of Service
ACTION BRONSON SHOP / SPECIALIZING IN LIFE LLC
TERMS OF SERVICE
These Terms of Service (these “Terms”) create a binding legal agreement between you and Action Bronson Corporation (“Action Bronson,” “we,” “us,” or “our”) and govern your use of this website (the “Site”) and the content and functionality provided via the Site (such content and functionality, together with the Site, collectively, the “Services”). By browsing the public areas of the Site or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is hereby incorporated by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR HAVE NOT REVIEWED AND UNDERSTOOD THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
We may change any of the terms contained herein at any time, in our sole discretion. We will notify you by posting a notice on the Services of any changes to these Terms that materially modify your rights or obligations. You accept any changes to these Terms by continuing to use the Site after such changes are posted. If you do not accept any such updated Terms, you may no longer use the Site.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.
The Services are offered and available only to users who are at least eighteen (18) years of age and reside in the United States. By using the Services, you affirm that you (i) are at least eighteen (18) years of age, (ii) are fully able and competent to enter into these Terms and to abide by and comply with these Terms, and (iii) have not previously been terminated, removed, or suspended from the Services.
- Ownership; Intellectual Property.
- The Site and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Action Bronson (collectively referred to as the “Content”). The Content may be owned by us or our affiliates, licensors, service providers, or other third parties (“Providers”). The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you may not use (or permit the use of) any Content for the purposes of developing, training, testing or validating any artificial intelligence model, tool or platform.
- If you violate any part of these Terms, and without prejudice to any other remedies we may have under these Terms or otherwise, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
- The trademarks, service marks, and logos of Action Bronson and our affiliates (“Action Bronson Marks”) used and displayed on the Site and the Services are registered and unregistered trademarks or service marks of Action Bronson or our affiliates. Other company, product, and service names located on the Site and the Services may be trademarks or service marks owned by others (the “Third-Party Marks”, and, collectively with the Action Bronson Marks, the “Marks”). Nothing on the Site and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks, without our prior written permission specific for each such use. Use of the Marks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Action Bronson Marks inures to our benefit.
- Elements of the Site and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- License Grant and Restrictions.
- Subject to your compliance with these Terms, Action Bronson hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable and revocable license to access and use the Services on your personal device(s) solely for your personal, noncommercial use, as provided herein. By downloading or using the Services, you acknowledge that: (a) the Services are licensed, not sold, to you; and (b) third party terms and fees, such as those from your mobile carrier, may apply to the use and operation of your device in connection with your use of the Services, and you are solely responsible for any such third party terms and fees. You may not use the Services for any purpose not explicitly permitted by these Terms.
- Action Bronson reserves the right to permanently or temporarily amend, suspend or discontinue all or any part of the Services at any time, in our sole discretion, without prior notice or liability. To the fullest extent permitted under applicable law, we will not be liable for any change to or any discontinuation of the Services.
- Action Bronson may immediately terminate this contract with you and suspend or terminate your access to the Services for any or no reason at any time and for any reason without prior notice or liability. For clarity, Action Bronson may continue to use and disclose data provided by you or collected in connection with your use of the Site for any purposes that you have previously consented to.
- If this contract is terminated in accordance with this Section 3, such termination shall not affect the validity of Sections 1, 2, 3, 6, 10–15 of these Terms, which shall remain in full force and effect.
- Third Party Services and Links.
- The Services may contain links to third party content and integrations with third party platforms, like social media sites, and we may use unaffiliated payment services to allow you to purchase products or make payments. Action Bronson does not control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of such third party content and integrations. These links and integrations are provided only as a convenience, and Action Bronson does not make any representations or warranties with respect to third party links and integrations. Use of any linked third party content and integrations is at your own risk and subject to the terms of use for such third party content or integration.
- Product Purchases
- The Site may allow you to place an order to purchase certain apparel, accessories, and other merchandise (collectively, the “Products”). The images of the Products on the Site are for illustrative purposes only. You acknowledge that the Products and their packaging may vary from the images advertised on the website, as we are unable to guarantee that a device’s display of colors accurately reflects that of our Products. While we will attempt to ensure that the Product description, pricing, and availability status listed on the Site are correct, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition in accordance our Refund Policy, the terms of which are incorporated herein. We are not responsible for any damages to any merchandise once the item has been used, worn, or washed. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change. Any offer for any Product or service made on the Site is void where prohibited by law.
- Any Products made available for purchase on the Site are intended for personal use only. You may not sell or resell any Products you purchase or otherwise receive from Action Bronson. We reserve the right at any time after the receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without any prior notice to you, to supply less than the quantity you ordered of any item or not supply an item. In the event that an item is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error. Merchandise is limited to the sizes, colors, and variants listed on our Site. If a size or variant does not appear online, it is currently unavailable. All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion.
- In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- During the ordering process you may be presented with an estimated delivery date or timeframe. We use reasonable efforts to meet those delivery dates, but delays can occur and we do not guarantee delivery by a specific date. We will use reasonable efforts to alert you in the event of any shipping delays. Shipping and delivery dates for any and all limited edition and pre-order sales are not guaranteed unless otherwise specified as guaranteed. Customers have up to a maximum of 60 days from the date of shipment to claim their package as lost in order to receive any sort of compensation regarding their order.
- We cannot change any information on an existing order once it has been placed, including but not limited to the shipping address, billing information, size, item, or quantity. We are not responsible for lost packages due to shipping addresses provided incorrectly. Shipping delays will occur if an incorrect address is provided at checkout. Additionally, orders cannot be cancelled after processing, and are subject to our Return Policy. Sales tax will be applied domestic orders depending upon the shipping address. Tax is calculated based on the applicable sales tax and use tax laws within each state. Orders can only be placed through the website.
- You represent and warrant that (i) the payment information you supply is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial services provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. We may add or remove payment processing methods at our sole discretion.
- You may be required to provide your name, billing information, shipping information, and other information as required by law when you make a purchase. You represent that all such information is accurate and complete. We will not be responsible or liable for inaccurate or incomplete information, or for information that later becomes outdated.
- Limitations on Use of the Services.
- You will comply with all applicable laws in your use of the Site and the Services and will not use the Site and the Services for any unlawful purpose. You may not access or use, or attempt to access or use, the Services to take any action that could harm Action Bronson, its Providers, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
- allow any other person to use the Service under your account, or otherwise transfer your access to the Services to any third party;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site or the Services, directly or indirectly,
- take any action that imposes (in our sole discretion) an unreasonable or disproportionately large load on Action Bronson’s network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services, including uploading or disseminating any virus, adware, spyware, worm, or other malicious code, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse engineer any software or other products or processes accessible through the Site or the Services, or circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site or the Services;
- use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, such as exposing them to inappropriate content, asking them for personal information, or otherwise;
- distribute any unauthorized materials or advertise or promote goods or services through the Services without Action Bronson’s permission (including, without limitation, by sending spam or any other similar solicitation);
- upload, post, e-mail, transmit, or otherwise make available any content that is, or engage in any conduct that is, unlawful, defamatory, libelous, inaccurate, deceiving, or that could reasonably be considered objectionable, profane, obscene, sexually explicit, indecent, harassing, pornographic, abusive, threatening, embarrassing, hateful, discriminatory, invasive of another’s privacy, intended to intimidate or incite violence, or that infringes or misappropriates any third party intellectual property right, or is otherwise inappropriate;
- reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or Services;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Action Bronson’s sole judgment, exposes Action Bronson or any of Action Bronson’s users, affiliates, or any other third party to any liability, damages, or detriment of any type, including causing damage to Action Bronson’s reputation; or
- assist any person in doing any of the above.
- Violations of system or network security may result in civil or criminal liability. Action Bronson may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
- We reserve the right to: (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (ii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the Services.
- We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Feedback
- With respect to all e-mails and other information you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
- Disclaimer of Warranties; Limitation of Liability.
- YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, THE PRODUCTS, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, (I) THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, (II) ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF; (IV) WARRANTIES THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF THE SITE, OR ANY CONTENT OR INFORMATION CONTAINED IN THE SITE; (VI) WARRANTIES RELATING TO PRIVACY OR SECURITY OF THE SITE OR OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ACTION BRONSON OR ANY THIRD PARTY.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NEITHER WE NOR OUR PROVIDERS SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES OR THE CONTENT, OR FOR LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND USD $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
- THE SITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
- YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR PROVIDERS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR MISUSE OF THE SITE OR THE SERVICES, YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES, YOUR FEEDBACK, YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS, OR ANY RIGHTS OF PUBLICITY, CONFIDENTIALITY, OR OTHER PROPERTY OR PRIVACY RIGHT, AND ANY CLAIMS ARISING FROM OR ALLEGING FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU. ACTION BRONSON RESERVES THE RIGHT TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN SUCH EVENT, YOU SHALL PROVIDE ACTION BRONSON WITH SUCH COOPERATION AS ACTION BRONSON REASONABLY REQUESTS.
- [Binding Arbitration; Class Action Waiver.
- EXCEPT AS PROHIBITED BY APPLICABLE LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND ACTION BRONSON OR ITS PROVIDERS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BAYER AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) (available from the AAA at http://www.adr.org), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Action Bronson will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow these Terms, when not in conflict with applicable law, and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, then Action Bronson may use the AAA Rules to determine whether you are responsible for the filing, administrative and arbitrator fees. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies.
- ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. NEITHER YOU NOR ACTION BRONSON WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO ARBITRATE, EITHER PARTY MAY ASK A COURT TO DETERMINE WHETHER THE OTHER PARTY HAS VIOLATED THIS PROHIBITION ON CONSOLIDATED, COORDINATED, OR JOINT PROCEEDINGS, AND MAY SEEK AN ORDER TO ENFORCE THE TERMS OF THIS PROHIBITION.
- This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us, including any claim that arose in the past (a “Dispute”), the Dispute shall be brought in the appropriate state or federal court located in New York, and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York, for the adjudication of all Disputes.
- The Site and the Services are based in the United States. We make no claims concerning whether the Site or any content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- Miscellaneous.
- Supplemental Terms. When using the Services, you agree to comply with and are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms. To the extent that you are asked to review and accept any supplemental terms that expressly conflict with these Terms, the supplemental terms associated with the applicable portion of the Services govern with respect to your use of such portion of the Services to the extent of the conflict.
- Section Headers. Section headers are provided for convenience and do not affect the interpretation of any provision or the rights of any party.
- Entire Agreement; No Assignment. These Terms, the Privacy Policy, and any other terms expressly incorporated by reference herein form the entire agreement between you and Action Bronson regarding your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Action Bronson without restriction. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. These Terms operate to the fullest extent permissible by law.
- Electronic Communications. You consent to transact with us electronically and to receive legal notices and other communications electronically, either by e-mail, push notifications (in accordance with your device settings), or by notifications within the Site. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Site.
- Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- No Waiver. Action Bronson’s failure to enforce any provisions of these Terms or respond to a violation by any party shall not be construed as a waiver of Action Bronson’s right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Nothing contained in these Terms is in derogation of Action Bronson’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Action Bronson with respect to such uses.
- Contact. For inquiries or questions regarding these Terms or the Services, please contact Action Bronson at store@baklava.nyc.
Last updated May 23, 2024
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