GENERAL Terms & Conditions


 

Bow & Arrow Collection, bowandarrowcollection.com, and shop.bowandarrowcollection.com Terms of Use

Last updated December 1, 2018

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

THIS WEBSITE (“SITE”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Bow & Arrow Collection reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Bow & Arrow Collection grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Bow & Arrow Collection reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason.


WARRANTY DISCLAIMER

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

BOW & ARROW COLLECTION, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Bow & Arrow Collection attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Bow & Arrow Collection so that it can be corrected. Information contained on the Site may be changed or updated without notice. In the event of inaccurate price or description of a product, Bow & Arrow Collection will contact the customer with accurate information and/or price difference if the product has been purchased.


CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Bow & Arrow Collection with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Bow & Arrow Collection™and http://shop.bowandarrowcollection.com are proprietary marks of Bow & Arrow Collection. Bow & Arrow Collection’s trademarks may not be used in connection with any product or service that is not provided by Bow & Arrow Collection in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bow & Arrow Collection.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without Bow & Arrow Collection’s express prior written consent.


CONFIDENTIAL AND PROPRIETARY INFORMATION

Bow & Arrow Collection does not seek or want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Bow & Arrow Collection through the Site will be deemed NOT to be confidential. By sending Bow & Arrow Collection any information or material, you grant Bow & Arrow Collection an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Bow & Arrow Collection is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.


YOUR USE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Bow & Arrow Collection reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Bow & Arrow Collection server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Bow & Arrow Collection.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Bow & Arrow Collection systems or networks, or any systems or networks connected to the Site or to Bow & Arrow Collection.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Bow & Arrow Collection on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bow & Arrow Collection or others

You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Bow & Arrow Collection reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

You may not post content that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene. Bow & Arrow Collection reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section.

Bow & Arrow Collection does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.


“THREE STRIKE” POLICY

Bow & Arrow Collection may delete or remove (without notice) any user content and terminate access of any user to the Site in its sole discretion at any time, for any reason or no reason. In the event Bow & Arrow Collection deems user content to be in violation of the Terms of Use, but elects not to immediately terminate the user’s access to the Site, it may, but is not required to, notify the user of such violation. Upon the third violation, Bow & Arrow Collection shall terminate the user’s account and all content may be removed from public view, at the sole discretion of Bow & Arrow Collection.

Notwithstanding anything within this provision or these Terms of Use, Bow & Arrow Collection reserves the right to suspend or terminate any user’s account with or without notice to said user for any reason, at the sole discretion of Bow & Arrow Collection.


LINKS TO OTHER SITES AND TO THE BOW & ARROW COLLECTION SITE

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Bow & Arrow Collection’s control, and Bow & Arrow Collection is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-Bow & Arrow Collection Website does not mean that Bow & Arrow Collection endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.


DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION

Product specifications, images, and other information made available on the Site have either been provided by the Vendors or collected from publicly-available sources. While Bow & Arrow Collection makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Similarly, while Bow & Arrow Collection makes every effort to ensure that the images on this website are accurate, we can make no representations or warranties as to the accuracy or reliability of the images provided on this website.

Bow & Arrow Collection makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.


PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.


Bow & Arrow Collection’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Bow & Arrow Collection may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, including any applicable shipping and handling, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Bow & Arrow Collection makes no commitment to update the materials on the Site with respect to such products and services.


An order confirmation to you does not signify acceptance of your order, nor does it constitute confirmation of an offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-store, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.


SHARING OF DIGITAL FILES PROHIBITED

Sharing or reselling items of files purchased in the digital shop, as well as any other digital proprietary information that is the property of Bow & Arrow Collection, is strictly prohibited. All files purchased from Bow & Arrow Collection are for personal use only.

You may not use the content for any harmful, pornographic, or racial material.

All copyrights to elements and graphics are retained by Bow & Arrow Collection with all rights reserved. No other use is hereby authorized.

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.


PRIVACY

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

In order to access some of the features on this site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

The information we obtain through your use of this site, including your Registration Info, is subject to our privacy policy, which is specifically incorporated by reference into these Terms of Use.


LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Bow & Arrow Collection be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Bow & Arrow Collection has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Bow & Arrow Collection is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Bow & Arrow Collection’s liability shall in no event exceed the total value of all orders placed and paid for with Bow & Arrow Collection through the website. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


INDEMNITY

You agree to indemnify and hold Bow & Arrow Collection its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Bow & Arrow Collection by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF THESE TERMS OF USE

Bow & Arrow Collection may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Bow & Arrow Collection’s rights or property, or the rights or property of visitors to or users of the Site, including Bow & Arrow Collection’s customers. Bow & Arrow Collection reserves the right at all times to disclose any information that Bow & Arrow Collection deems necessary to comply with any applicable law, regulation, legal process or governmental request. Bow & Arrow Collection also may disclose your information when Bow & Arrow Collection determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Bow & Arrow Collection may preserve any transmittal or communication by you with Bow & Arrow Collection through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Bow & Arrow Collection determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Bow & Arrow Collection, its employees, users of or visitors to the Site, and the public.

You agree that Bow & Arrow Collection may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Bow & Arrow Collection, for which monetary damages would be inadequate, and you consent to Bow & Arrow Collection obtaining any injunctive or equitable relief that Bow & Arrow Collection deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bow & Arrow Collection may have at law or in equity.


If Bow & Arrow Collection does take any legal action against you as a result of your violation of these Terms of Use, Bow & Arrow Collection will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Bow & Arrow Collection. You agree that Bow & Arrow Collection will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.


GOVERNING LAW

These Terms of Use are entered into in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Cook in the State of Illinois, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.


NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, Bow & Arrow Collection designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

Fitch, Even, Tabin & Flannery, LLP
120 South LaSalle Street, Suite 2100
Chicago, Illinois 60603

trademark@fitcheven.com


VOID WHERE PROHIBITED

Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Bow & Arrow Collection reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

NO UNLAWFUL OR PROHIBITED PURPOSE

As a condition of your use of this Site, you warrant to Bow & Arrow Collection that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.


OTHER CONTACT

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices must be sent to the attention of Customer Service at hello@bowandarrowcollection.com, if by email, or to our address at Bow & Arrow Collection, 1815 North Milwaukee Avenue, Chicago, Illinois 60647, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.


FORCE MAJEURE

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.


SAVINGS CLAUSE

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


NO WAIVER

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.


ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between Bow & Arrow Collection and you pertaining to the subject matter of this Agreement. In its sole discretion, Bow & Arrow Collection may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.