Onestop Internet, Inc. ("Onestop") operates this web site ("Web Site") pursuant
to agreements with Hobo. Onestop and Hobo are hereinafter
referred to as "we" or "us".
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR
USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS
WEB SITE. PLEASE ALSO READ OUR PRIVACY POLICY WHICH ALSO GOVERNS YOUR USE OF THIS
WEB SITE.
Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted
on this Web Site are subject to change at any time without notice. All weights,
measures and similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display the attributes
of our products, including the applicable colors; however, the actual color you
see will depend on your computer system and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products or services in
this Web Site at a particular time does not imply or warrant that these products
or services will be available at any time. It is your responsibility to ascertain
and obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of any item
purchased from this Web Site. By placing an order, you represent that the products
ordered will be used only in a lawful manner. All videocassettes, DVDs and similar
products sold are for private, home use (where no admission fee is charged), and
may not be publicly performed or displayed, and may not be duplicated.
Shipping Limitations. When an order is placed, it will be shipping to an address
designated by the purchaser as long as that shipping address is compliant
with the shipping restrictions contained on this Web Site. All purchases from this
Web Site are made pursuant to a shipment contract. As a result, risk of loss and
title for items purchased from this Web Site pass to you upon delivery of the items
to the carrier. You are responsible for filing any claims with carriers for damaged
and/or lost shipments.
Accuracy of Information. We attempt to ensure that information on this Web Site
is complete, accurate and current. Despite our efforts, the information
on this Web Site may occasionally be inaccurate, incomplete or out of date. We make
no representation as to the completeness, accuracy or currentness of any information
on this Web Site. For example, products included on the Web Site may be unavailable,
may have different attributes than those listed, or may actually carry a different
price than that stated on the Web Site. In addition, we may make changes in information
about price and availability without notice. While it is our practice to confirm
orders by email, the receipt of an email order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice, to limit the order quantity
on any product or service and/or to refuse service to any customer. We also may
require verification of information prior to the acceptance and/or shipment of any
order.
Use of this Web Site. The Web Site design and all text, graphics,
information, designs, logos, content, and other material displayed on or that can
be downloaded from this Web Site are either the property of, or used with permission
by, Hobo and/or Onestop and are protected by U.S. and International
copyright, trademark and other laws and may not be used except as permitted in these
Terms and Conditions or with the prior written permission of the owner of such material.
You may not modify the information or materials located on this Web Site in any
way or reproduce or publicly display, perform, or distribute or otherwise use any
such materials for any public or commercial purpose. All software used on this site
is the property of Hobo and/or Onestop or our software suppliers and
is protected by U.S. and International copyright laws. Any unauthorized use of any
such information or materials may violate copyright laws, trademark laws, laws of
privacy and publicity, and other laws and regulations. You are responsible for maintaining
the confidentiality of your account information and password and for restricting
access to such information and to your computer. You agree to accept responsibility
for all activities that occur under your account or password.
Electronic Communications. When you visit this site or send emails to us,
you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by email or by posting notices
on this Site. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communications
be in writing. You agree that we may send email to you for the purpose of advising
you of changes or additions to this site, about any of our products or services,
or for such other purposes as we deem appropriate.
International Access. This Site may be accessed from countries other than the
United States. This Site may contain products or references to products
that are not available outside of the United States. Any such references do not
imply that such products will be made available outside the United States. If you
access and use this Site outside the United States you are responsible for complying
with your local laws and regulations.
Trademarks. Certain trademarks, trade names, service marks and logos used or
displayed on this Web Site are registered and unregistered trademarks,
trade names and service marks in the U.S. and other countries of us and our affiliates.
Other trademarks, trade names and service marks used or displayed on this Web Site
are the registered and unregistered trademarks, trade names and service marks of
their respective owners. Nothing contained on this Web Site grants or should be
construed as granting, by implication, estoppel, or otherwise, any license or right
to use any trademarks, trade names, service marks or logos displayed on this Web
Site without our written permission or the written permission of such third party
owner.
Linking to this Web Site. Creating or maintaining any link from another Web
site to any page on this Web Site without our prior written permission
is prohibited. Running or displaying this Web Site or any material displayed on
this Web Site in frames or through similar means on another Web site without our
prior written permission is prohibited. Any permitted links to this Web Site must
comply with the terms and conditions of our permission as well as all applicable
laws, rule and regulations.
Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by us or our affiliates.
All such links are provided solely as a convenience to you. If you use these links,
you will leave this Web Site. Neither we nor any of our affiliates are responsible
for any content, materials or other information located on or accessible from any
other Web site. Neither we nor any of our affiliates endorse, guarantee, or make
any representations or warranties regarding any other Web site, or any content,
materials or other information located or accessible from such Web sites, or the
results that you may obtain from using such Web sites. If you decide to access any
other Web site linked to or from this Web Site, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic
or profane material or any material that could constitute or encourage conduct that
would be considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that we may have at law or in equity,
if we reasonably determine that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we reasonably deem necessary to cure or prevent
the violation, including without limitation, the immediate removal from this Web
Site of the related materials. We will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing us to disclose the
identity of anyone posting such materials.
Gift Certificates. Gift certificates can only be redeemed via purchases made
on this website, and are not redeemable for cash. Any unused balance
will be placed in the recipient's gift certificate account and is not transferable.
If your order exceeds the amount of your gift certificate, you must pay for the
balance with a credit card. We are not responsible for lost or stolen gift certificates.
We make no warranties, express or implied, with respect to gift certificates, including
without limitation, any express or implied warranty of merchantability or fitness
for a particular purpose. In the event a gift certificate code is non-functional,
your sole remedy, and our sole liability, shall be the replacement of such gift
certificate. Certain state laws do not allow limitations on implied warranties or
the exclusion or limitation of certain damages. If these laws apply to you, some
or all of the above disclaimers, exclusions, or limitations may not apply to you,
and you might have additional rights.
User Information. Other than personally identifiable information, which is subject
to this Web Site's Privacy Policy, any material, information, suggestions,
ideas, concepts, know-how, techniques, questions, comments or other communication
you transmit or post to this Web Site in any manner ("User Communications") is and
will be considered non-confidential and non-proprietary. We, each of our affiliates
and/or our designees may use any or all User Communications for any purpose whatsoever,
including, without limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner whatsoever
for any or all commercial or non-commercial purposes, without payment of any consideration
to you. We may, but are not obligated to, monitor or review any User Communications.
We shall have no obligation to use, return, review, or respond to any User Communications.
We will have no liability related to the content of any such User Communications,
whether or not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. We retain the right to remove any or all User Communications that includes
any material we deem inappropriate or unacceptable.
Warranty Information. Some items on our website have a manufacturer's warranty,
which is noted in the product description. Manufacturer's warranties
are provided by the manufacturer of the product and not by Hobo and/or
Onestop. The manufacturer is responsible for all warranty coverage, repair, servicing
and defects. To obtain a written warranty for any of these items, send a specific
written request to our
Customer Service Department.
DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES
PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR
ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES
ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE
MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT
OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS
OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED
ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT
ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES
TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO
THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use of, or
browsing this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL
PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS
WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY
PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS
WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH
PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES
IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions. We may revise these Terms and Conditions
at any time and from time to time by updating this posting. You should
visit this page from time to time to review the then current Terms and Conditions
because they are binding on you. Certain provisions of these Terms and Conditions
may be superseded by expressly designated legal notices or terms located on particular
pages at this Web Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other
agreement between you and us to the extent necessary to resolve any
inconsistency or ambiguity between them. These Terms and Conditions will be governed
by and construed in accordance with the State and Federal laws of the State of California,
without giving effect to any principles of conflicts of laws. A printed version
of these Terms and Conditions shall be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form.
Indemnification. You agree to defend, indemnify and hold Hobo
and Onestop harmless from and against any and all claims, damages,
costs and expenses, including attorneys' fees, arising from or related to your use
of the Site.
Termination. You or we may suspend or terminate your account or your use of
this Web Site at any time, for any reason or for no reason. You are
personally liable for any orders that you place or charges that you incur prior
to termination. We reserve the right to change, suspend, or discontinue all or any
aspect of this Web Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and
Conditions or if you have any questions or comments, we invite you
to call our Customer
Service Department.