Terms and Conditions
Terms and Conditions
Last Updated: February 15, 2023
These Terms and Conditions (the “Agreement”) apply to this website at www.tigerbob.store and other sites or applications that are under our control if we post the Agreement to the site or application (collectively, “Sites”). The Agreement is a legally binding contract between Grozen FA LLC (“we” “our” or “us”) and any person who elects to use the Sites (“you” or “your”). By using the Sites, you agree to be bound by all of the terms and conditions of this Agreement as such terms and conditions may be modified by us from time-to-time. If you do not agree to all of the terms and conditions of the Agreement, do not use the Sites.
Under Paragraph 20 below, any disputes or claims related to this Agreement will be resolved by arbitration to the extent permitted by law. The Agreement contains a waiver of any rights to sue in court, including through a class action. You may opt-out of these provisions by following the instructions in Paragraph 20.
1. Age Restriction
The Sites are intended for persons who are at least 18 or older and are of legal age to form a binding agreement. If you are under 18, or not of age to form a legally binding agreement, you may not access or use the Sites.
3. Store Policies
Your transactions through the Sites are subject to additional terms and policies, including without limitation the Store Policies, FAQ and other policies posted on the Sites (collectively, “Additional Terms”). The Additional Terms are hereby incorporated into and made part of this Agreement and are intended to supplement, not replace, this Agreement. To the extent of any conflict between this Agreement and Additional Terms, the Additional Terms will control. Additional Terms may be modified or added from time-to-time and shall become effective immediately upon posting on the Sites.
4. Passwords and Security
You may be required to create an account to access certain features and make purchases on the Sites. When you register for an account, you agree to submit accurate and complete information and to update such information as required from time-to-time. Each person may have only one account. If we suspect that your information is inaccurate, duplicate or incomplete, we may suspend or terminate your access to the Sites. You will be asked to select a personal, non-transferable password when you create an account. If you submit a request for a lost or forgotten username or password, you may be asked to provide information to confirm your identity. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. If you require a username or password reset, your information may be permanently deleted. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you.
5. Exclusive Access.
From time-to-time, at our discretion, we may offer exclusive access to certain buyers. For example, we may provide pre-sale or exclusive access to certain products made available on the Sites (“Products) to purchasers of other products offered by or affiliated with Grozen. You may be required to demonstrate that you are entitled to these exclusive offers (for example, by inputting your crypto public wallet information to confirm you purchased a Grozen digital collectible). It is within our sole discretion to determine the conditions for participating in such offer. We reserve the right to deny your participation for any reason. We reserve the right to start or discontinue these offers at any time.
6. Accuracy of the Site.
Access to and the accuracy of the Sites is provided “AS IS” and “AS AVAILABLE.” Information on the Sites may occasionally be inaccurate, incomplete or out of date. Product descriptions, measurements, commentary and visual depictions are provided for convenience only and may be approximations. We may make changes in information about price and availability without notice (but will notify you if an order you successful placed on the Sites (an “Order”) is affected). We cannot guarantee the availability of any Product and reserve the right to change or discontinue any Product, temporarily or permanently, whether before or after acceptance of your Order. We will notify you if your Order is affected. We try to ensure Products listed on the Sites are in stock but, from time-to-time, some Products may be unavailable even if the Sites indicate that they are available. Adding a Product to your cart and/or receiving confirmation of your Order does not guarantee the availability of the Product. We reserve the right to cancel an Order if the Product is out of stock, otherwise unavailable or if we identify an error in the Product price or description. We will notify you by email if we cancel your Order.
Payments for the Order must be made in U.S. currency through the options presented to you when checking out. You represent and warrant you have the legal right to use the payment account you input to purchase the Product. You acknowledge that such information will be provided to our payment processors. We are not be responsible for any delay in delivery and/or non-provision of a Product caused by incorrect, inaccurate or incomplete details provided by you during placement of the Order, including shipping information.
8. Order Notices.
You agree that we and/or our service providers may send you notices by email related to your Order, including confirmation and shipping updates. If you provide your telephone number, you agree that the shipping carrier may provide you text messages to update you regarding the shipping of your Product, where permitted by law. These text messages are provided by the carrier and Grozen has no liability or responsibility for these messages. Text “STOP” in reply to a received message to opt-out of these texts.
9. Availability of Products.
All features, content, and Products available on or through the Sites, including prices, are subject to change or discontinuance at any time in our sole discretion without notice. We do not warrant that features, content and Products will be available at any time and in your location We reserve the right to, at our discretion and without notice, limit the quantity of a Product that may be purchased; refuse to provide a Product to you and/or prevent you from completing an Order.
10. Personal Use.
You may use the Sites and Products only for your own personal, non-commercial use and only in compliance with this Agreement.
11. Risk of Loss.
The risk of loss for and title to Products purchased on the Sites passes to you upon delivery to the carrier.
With respect to the Sites and related software, source code, platforms, servers and interfaces, whether owned by us or third parties (collectively, “System”), you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, creative derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations or this Agreement.
13. Copyright and Other Intellectual Property
All content and other materials available at or through the Sites, including without limitation trademarks, service marks, trade names, copyrights, images, artwork, audio, text, software, designs and the “look and feel” of the Sites (collectively, “Content”) are owned or licensed by us or our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may access Content only for your own informational and non-commercial purposes, provided that you comply with this Agreement with respect to such Content. Nothing herein creates a license for you to use Content in any other manner. You may not reproduce, republish, distribute, display, perform, modify, transmit, sell, or otherwise use any Content without our express written permission. All rights not expressly granted to you in this Agreement are reserved by us and/or our licensors.
We do not accept any unsolicited ideas including without limitation images, suggestions about promotion of our products, additions to our product lines or services, or changes in methods of doing business. If, notwithstanding this policy, you send us any ideas, suggestions, images, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you agree that the Submissions are not confidential and we assume no obligation, expressed or implied, by considering them. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes in any manner and medium with no compensation to you.
15. Prohibited Conduct
You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the System any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the System or any computer software or hardware or equipment associated with the System; (b) alter, remove, obscure or falsify any attributions or other proprietary designations of origin or source of the System or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the System in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the System; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the System or any Content; (f) take any action that imposes an unreasonable or disproportionately large load on the System; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the System; (j) interfere with or disrupt the integrity or performance of the System or the data contained therein; or (k) access the System in order to build a competitive product or service, copy any features, functions or graphics of the System or monitor the availability and/or functionality of the System for any benchmarking or competitive purposes.
16. Other Applications and Websites
YOU AGREE THAT USE OF THE SYSTEM, CONTENT, AND PRODUCTS (COLLECTIVELY, “TIGERBOB STORE”) IS AT YOUR SOLE RISK. THE TIGERBOB STORE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE TIGERBOB STORE WILL BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE. WE DO NOT WARRANT THAT TIGERBOB STORE IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE TIGERBOB STORE, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $10 IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, hold harmless, and release us and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, representatives (and their respective successors and assigns) from and against any and all claims, demands, liabilities, damages, costs and expenses, including, but not limited to, attorneys’ fees and costs, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the Tigerbob Store; (ii) your violation of any of terms of this Agreement or any applicable law; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; and (iv) any claim that your use of the Tigerbob Store caused damage to a third party.
20. Arbitration and Disputes
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by individual arbitration in New York before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any New York state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of New York without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than New York. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.
Any dispute resolution proceeding arising out of or relating to this Agreement, including without limitation arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations.
For any matters which are not subject to arbitration as set forth in this Agreement, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in New York, which shall apply the laws of New York without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than New York.
To the extent permitted by applicable law, any claims asserted by you in connection with the System and Content must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.
You may opt-out of and not be bound by the arbitration and class action waivers set forth above by sending written notice to firstname.lastname@example.org within 30 days of the date you first access the Sites. If you timely opt-out, we will also not be bound by these provisions. If you do not timely opt-out, these provisions will apply to you and us.
You agree that we may send to you in electronic form any notices or other communications regarding the Sites, including email and postings on the Sites, and such electronic form will satisfy any legal requirements with respect to communications or notice.
If any part of this Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of this Agreement, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Our failure to partially or fully exercise any rights or our waiver of any breach of this Agreement shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Our rights and remedies under this Agreement and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Sites, delete Content, or terminate or restrict your access to the Sites. In addition, this Agreement may be changed at any time. We will notify you of such changes by posting them on the Sites and/or through alternative means. You should check the Sites for such changes frequently. Your continued access of the Sites after such changes have been posted conclusively demonstrates your acceptance of those changes.
Questions regarding this Agreement should be directed to email@example.com.