TERMS & CONDITIONS OF USE
- 1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”) with respect to the Site. This Agreement constitutes the entire and only agreement between BREEZE BAG and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on BREEZE BAG only if agreed in writing by you and an authorized representative of BREEZE BAG. This Agreement may be amended by BREEZE BAG at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- 2. Use of site. By accessing the Site and/or ordering any product, you are agreeing to not use BREEZE BAG’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
- 3. Fraud. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by BREEZE BAG in its sole discretion.
- 4. Copyright.The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, BREEZE BAG does not waive any right in such information and materials.
- 5. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- 6. Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from this Site have been copied in a way that constitutes copyright infringement, please notify us at email@example.com, and provide the following information ("Notice"):
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Please note that this procedure is exclusively for notifying BREEZE BAG that your copyrighted material has been infringed. Upon receipt of your notification, BREEZE BAG will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.
- 7. Editing, Deleting and Modification. BREEZE BAG reserve the right in BREEZE BAG’s sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without notice.
- 10. Payments. You represent and warrant that if you are purchasing something from BREEZE BAG that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. BREEZE BAG does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production.
- 11. Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. BREEZE BAG will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order.
- 12. No Resale. Other than as expressly permitted in writing by an authorized representative of BREEZE BAG, you agree not to resell or exploit for other commercial purposes Products purchased on this Website.
- 13. Links to Other Web Sites. The Site contains links to other websites. BREEZE BAG is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by BREEZE BAG. Inclusion of any linked website on BREEZE BAG’s Site does not imply approval or endorsement of the linked website by BREEZE BAG. If you decide to leave BREEZE BAG’s Site and access these third-party sites, you do so at your own risk.
- 19. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL YETI OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BREEZE BAG'S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BREEZE BAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- BREEZE BAG may send to you text (“SMS”) messages that contain promotions and marketing content. Be the first to know about new BREEZE BAG products, colors, films, and events right on your mobile device.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help or questions, you can reply with the keyword “HELP” for more assistance, or you can contact us directly at firstname.lastname@example.org. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any message sent or received in connection with this SMS service. Message frequency varies. If you have any questions about your text or data plan, please contact your wireless provider.
- 21. Indemnity. You agree to defend, indemnify and hold BREEZE BAG and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
- 22. Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to BREEZE BAG shall be sent by mail to BREEZE BAG, Attn: Legal, 195 Harvard Street, Cambridge, MA 02139. In the case of notices BREEZE BAG sends to you, you consent to receive notices and other communications by BREEZE BAG posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that BREEZE BAG provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or 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.
- 23. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please Contact Us by email at email@example.com. You may also contact us by writing to BREEZE BAG, Attn: Legal, 195 Harvard Street, Cambridge, MA 02139.
- 24. Applicable Law and Disputes To the extent permitted by law, the Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Texas, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of BREEZE BAG products via findyourbreeze.com) shall be resolved exclusively in the state or federal courts located in Travis County, Texas. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
- The foregoing notwithstanding, you agree that BREEZE BAG, at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to the Terms or the Site exclusively to final and binding arbitration taking place in Austin, Texas under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Texas, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
- Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of BREEZE BAG products via findyourbreeze.com) must be commenced within one (1) year after the claim or cause of action arises.
- Last updated July 17, 2021