BULL ®

Terms and Conditions

Welcome, and thank you for your interest in our website www.thebullaccessories.com (the “Website”), owned and operated by The Bull LLC, a Connecticut Limited Liability Company, and, hereafter collectively referred to in these Terms and Conditions (these “Terms”) as “The Bull Accessories”, “us”, “our” or “we”, and the mobile phone products, equipment and accessories (the “Product” or “Products”) available for sale in our retail locations. Unless otherwise specified, all references to our services (the “Service” or “Services”) include the Products available for purchase in our retail locations, our services, our content and the technology available through The Bull Accessories Website. The term “user”, “you” or “your” refers to the purchaser of our Products, as well as the visitors to our Website who do not make a purchase of our Products.

Please read the following Terms carefully. They are a legally binding contract between you and The Bull Accessories regarding any Product purchases you make at any of our retail locations, as well as your use of our Website and our Services.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY USING OUR SERVICES OR PURCHASING OUR PRODUCTS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THESE TERMS, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER. YOU MAY NOT USE OR ACCESS OUR WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS.

 

1.  Acceptance of Our Terms

  1. Each time you access or use our Services, or make a purchase of our Products, you, and if you are acting on behalf of a third party, such third party, agree to be bound by these Terms and our Privacy Policy, whether or not you purchase a Product from us or register for an account with If you do not agree to be bound by all of these Terms, you may not access or use our Website or our Service, or make a purchase of our Products.
  2. The Bull Accessories may change this Agreement at any time by posting an updated Terms and Conditions on this If any amendment to these Terms is unacceptable to you, you shall cease using our Website and refrain from purchasing our Products. If you continue using our Website, or purchase our Products, you will be constructively deemed to have accepted and agreed to the changes.
  3. In addition, certain areas of the Website and our Service may be subject to additional terms and conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms and conditions applicable to such areas. In the event that any of the additional terms and conditions governing such area conflict with this Agreement, the additional terms and conditions will control.

2.    Eligibility for Our Service

  1. By using our Services or purchasing our Products, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement and any Product purchase transaction.
  2. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement and any Product purchase transaction.

3.  Accounts and Registration

  1. In certain circumstances, either now or in the future, you may be required to register for an account with The Bull Accessories. If you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e- mail address, phone number or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (“Your Information”).
  2. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity or age. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
  3. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy. For information about The Bull Accessories data protection practices and privacy policies, please read our Privacy Policy here. This policy explains how we treat your personal information, and protect your privacy when you use our You agree to the use of your data in accordance with The Bull Accessories Privacy Policy.

4.  Account Management

  1. If you have been issued an account by The Bull Accessories in connection with a purchase, or your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not The Bull Accessories, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify The Bull Accessories
  2. The Bull Accessories may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
  3. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
  4. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
  5. We reserve the right to refuse to issue an account to anyone, or permit access to the Service to anyone, for any reason at any time.

5.  Orders

  1. Orders for Products may be made at any of our retail We reserve the right at any time to accept or decline any order or partial order, or not to ship to particular addresses. We reserve the right to cancel your order at any time before we have accepted it and we

may rescind our acceptance and cancel your order where there has been an obvious error in price or where the Products are no longer in our inventory. We reserve the right at any time to limit the quantities ordered.

We will only accept orders from resellers meeting the following criteria:

  1. Approved to resell The Bull Products;
  2. Possess a valid reseller tax identification number;
  • Eligible to resell inventory via physical store locations;
  1. Agree to The Bull’s resale price structure; and
  2. Agree that no resale or liquidation of The Bull Products will occur without The Bull’s express consent.
  1. All sales are final and not eligible for
  2. 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 or phone number provided at the time the order was placed.

6.     Prices

  1. All prices displayed on our Website are in S. dollars unless otherwise indicated.
  2. All applicable taxes and other charges are additional and your
  3. We reserve the right in our sole discretion to change prices at any time and without notice prior to your purchase.

7.  Payment

  1. Payment for Product purchases will be accepted at our retail locations in the form of a Credit Card, Check, e-Check or Wire funds.
  2. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase,

(iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

  1. You agree that we may charge you, and you will pay to The Bull Accessories, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment.

8.    Shipping

If you have requested that your Product purchase be shipped to you, all orders will be shipped to an address designated by the purchaser as long as that shipping address is not restricted. All purchases are subject to the carrier shipment contract. All risk of loss, damage and title for items purchased from The Bull Accessories pass to you upon our delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

9.     Returns and Refunds

Except for any Products designated on the Website as non-returnable, we will accept a return of the Products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such Products are returned in their original condition.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return

shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 10% restocking fee.

Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

10. LIMITED WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

 

THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.

  1. Who May Use This Warranty?

This limited warranty extends only to the original purchaser of Products from the Website, from The Bull directly, or from any of The Bull’s authorized resellers. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

  1. What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the Products purchased from the Website, from The Bull directly, or from any of The Bull’s authorized resellers.

  1. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

  1. transportation;
  1. storage;
  • improper use;
  1. failure to follow the Product instructions or to perform any preventive maintenance;
  2. modifications;
  3. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by The Bull Accessories;
  • unauthorized repair;
  • normal wear and tear; or
  1. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  1. What Is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

  1. How Do You Obtain Warranty Service?

If you purchased a Product from an authorized The Bull reseller, you can obtain warranty service by:

  1. Completing an RMA form on the Website by (1) submitting proof of purchase; (2) uploading photos of the defective Product; and (3) providing a valid credit card number;
  2. Returning the defective Product, including the proof of purchase and RMA authorization, to us at your cost.

If a valid warranty claim is made during the applicable period, we will either (1) replace the Product, or (2) offer you credit towards your next Product purchase. You are required to pay the shipping and handling cost of $9.99 for us to ship a replacement Product to you. Failure to return the original Product within sixty (60) days will result in your credit card being charged the full retail price of the replacement Product.

Resellers are authorized to accept defective Product returns at their retail locations with proof of purchase from their customers, within 30 days of the customer’s purchase from such retail location. The defective Products must be returned in their original packaging, with all parts included. Customers shall be entitled to receive credit towards their next Product purchase. Resellers shall submit RMA claims online through the Website’s RMA portal by providing the customer’s receipt, the reseller’s purchase order number and date, and reason for RMA. We may, in our sole discretion, request that the reseller ship the defective Product to us for inspection.

We reserve the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.

  1. Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

  1. What Can You Do in Case of a Dispute with Us?

The informal dispute resolution procedure detailed in Section 29 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

11. Promotions

The Bull Accessories may offer promotional purchase offers from time-to-time, but reserves the right to cancel any promotions, promotion codes or discount coupons at any time without notice.

12.   Your Access and Use of our Services

  1. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services and Products may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
  2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
  3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology

to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

  1. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
  2. Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise You further agree that The Bull Accessories shall not, under any circumstances, be liable in any way for any User Content.
  3. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
  4. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.

13.   Intellectual Property Rights; Our Content

  1. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by The Bull Accessories. You may not use the Proprietary Marks without our prior written permission.
  2. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
  3. The information, content, documentation, guides, descriptions, advice, data and any other content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, audio files, line art, icons and renditions, are copyrighted by The Bull Accessories, or otherwise licensed to us, or Our Content suppliers.
  4. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
  5. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, listening to, or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content or the Collective Work.
  1. You are solely responsible for any damages resulting from your infringement of our, or any third-party, intellectual property rights regarding the Trademarks, Our Content, the Collective Work and/or any other harm incurred by us, or our affiliates, as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this

14.   Proprietary Rights

As between The Bull Accessories and you, The Bull Accessories or its licensors own and reserve all right, title and interest in and to the Website, the Service and all technology and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by The Bull Accessories.

15.   Use of Our Content

  1. We grant you a limited, revocable, non-exclusive, non-sublicensable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
  2. You may not modify Our Content or the Collective Work, or utilize them for any commercial purpose or any other public display, performance, sale or rental; nor may you decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.

16.   Information Accuracy

  1. We attempt to ensure that information on our Website and in our Service, including Product descriptions, is complete, accurate and current. Despite our best efforts, the information in our Service may occasionally contain historical data, be inaccurate, incomplete, changed or out of We make no representation as to the completeness, accuracy, or currency of any information in the Service. Furthermore, information in the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.
  2. We have made every effort to display as accurately as possible the size, construction, colors and images of our Products, however we cannot guarantee that your computer monitor’s display will accurately represent the true dimensions or colors of our If you require more information contact one of our retail locations.

17.   Third Party Links, Services and Content

Our Website may now, or in the future, contain features, services and functionalities linking you to, or providing you with access to third party services, products, advertisers, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs and the Internet as a whole. Because we have no control over such websites and resources, we are not responsible for the availability of such external sites or resources. Furthermore we do not endorse, and are not responsible or liable for any content, products, advertising or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms and Conditions and Privacy Policy, and you release us from any liability.

18.   Electronic Communications

  1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
  2. 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. Additional charges from your telecommunication carrier may apply.

19.   Security

Violating the security of our Services is prohibited and may result in criminal and civil liability. The Bull Accessories may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

20.   Limitation of Warranties; Disclaimers

  1. WITH THE EXCEPTION OF ANY EXPRESS WARRANTY THAT IS PROVIDED TO THE PURCHASER WITH A PRODUCT AT THE TIME OF PURCHASE (SEE SECTION 10 OF THIS AGREEMENT), ALL PRODUCTS AND SERVICES AVAILABLE FROM THE BULL ACCESSORIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BULL ACCESSORIES AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “THE BULL ACCESSORIES PARTIES”) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM, OR THOUGH US WILL MEET YOUR EXPECTATIONS, OR (III) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-
  3. NOT ALL PRODUCTS INCLUDE AN EXPRESS WARRANTY FROM THE IF A PRODUCT INCLUDES AN EXPRESS PRODUCT WARRANTY FROM THE MANUFACTURER, IT MAY BE PROVIDED TO THE PURCHASER WITH THE PRODUCT AT THE TIME OF PURCHASE AND MAY BE CONTAINED IN THE PRODUCT USER INSTRUCTIONS. IT IS THE PURCHASER’S RESPONSIBILITY TO CONTACT THE MANUFACTURER, AND NOT THE BULL ACCESSORIES WITH ANY WARRANTY CLAIMS.
  4. OUR WEBSITE AND SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS WEBSITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE PRODUCTS OR SERVICES AND INFORMATION ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE; HOWEVER WE HAVE NO OBLIGATION TO DO SO.
  5. THE BULL ACCESSORIES PARTIES DO NOT WARRANT THAT THE WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
  6. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
  7. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21.   Limitation Of Liability

  1. IN NO EVENT SHALL THE BULL ACCESSORIES PARTIES BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AND AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR PRODUCTS AND SERVICES; (II) YOUR BREACH OR VIOLATION

OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK; WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

  1. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED FROM THE BULL ACESSORIES, OR ADVERTISED ON, THE BULL ACCESSORIES WEBSITE, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  2. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON- PERFORMANCE OF THIRD PARTIES.
  3. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE BULL ACCESSORIES, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO A CLAIM.
  4. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR PRODUCTS OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  5. CERTAIN STATE OR JURISDICTIONAL 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.

22.   Indemnity

  1. You agree that you will be personally responsible for your use of The Bull Accessories Products and Service; and you further agree to defend, indemnify and hold harmless The Bull Accessories and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all third party claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Products or Service that you purchase from The Bull Accessories; (ii) your violation of these Terms and Conditions or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; and (v) any death, or serious physical or emotional harm, to you or any third party resulting from your purchase or use of The Bull Accessories Products.
  2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

23.   Release

  1. By using our Services and Products, you release, to the maximum extent allowed by law, The Bull Accessories, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your

use of our Products or Services, including without limitation, any death or serious emotional or physical harm.

  1. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

24.   Interruption of Service

  1. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
  2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.

25.   Governing Law

This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Connecticut in and for the County in which The Bull Accessories has established its principal office.

26.   Our Remedies

  1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this
  2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Connecticut in and for the County in which The Bull Accessories has established its principal You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.

27.   Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

 

You and The Bull Accessories agree that any claim or dispute at law or equity that has arisen, or may arise, between you and The Bull Accessories (including any claim or dispute between you and a third-party agent of The Bull Accessories), that relates in any way to, or arises out of this or any previous versions of this Agreement, any Products purchased from The Bull Accessories, your use of or access to the Services, or any actions of The Bull Accessories or its agents, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.

  1. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and The Bull Accessories, except as otherwise stated in this Agreement.
  2. Agreement to This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and The Bull Accessories, whether arising out of or relating to these Terms and Conditions (including any alleged breach thereof), a purchase of any Product, the use of our Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and The Bull Accessories are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
  3. Prohibition of Class and Representative Actions and Non-Individualized YOU AND THE BULL ACCESSORIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BULL ACCESSORIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
  4. Pre-Arbitration Dispute Resolution. We at The Bull Accessories believe that most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@thebullaccessories.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to The Bull Accessories should be sent to the address provided in the Contact Us section at the end of these Terms and Conditions (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If The Bull Accessories and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or The Bull Accessories may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Bull Accessories or you shall not be disclosed to the arbitrator during the arbitration proceeding.
  5. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court All issues are for the arbitrator

to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and Conditions and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless The Bull Accessories and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, The Bull Accessories agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

  1. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  2. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non- Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms and Conditions will continue to apply.
  3. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Connecticut in and for the County in which The Bull Accessories has established its principal You and we agree to submit to the personal jurisdiction of the courts located within the State of Connecticut for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Connecticut; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Connecticut.

28.   Law Enforcement

The Bull Accessories is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If The Bull Accessories receives a request for user account information

from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.

29.   Statutory Rights; Notice To California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website.

30. Amendments to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

31.   Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

32.   No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

33.   Entire Understanding

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and The Bull Accessories regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

34. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

35. Force Majeure

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 5 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

In the event that the Impacted Party’s failure or delay remains uncured for a period of 5 consecutive days following written notice given by it under this Section 35, the other party may thereafter terminate this Agreement upon 5 days’ written notice.

CONTACT US:

If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at info@thebullaccessories.com or mail us here:

The Bull LLC
46 Southfield Ave, Suite 103
Stamford, CT 06902

Last updated: July 17, 2024

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