WEBSITE TERMS AND CONDITIONS OF USE

Updated July 2010.

ChipFoose.com (the "Site", "Foose Design" and "we"). Your use of this Site is subject to these Terms and Conditions of Use ("Terms of Use"). Please read these Terms of Use and the other information referred or linked to in these Terms of Use carefully and be sure you understand them, since this is a legally binding agreement that contains important information about our Site and your permitted use of it. From time to time we may unilaterally modify these Terms of Use and any such modifications will be effective upon posting, so it is important that you review these Terms of Use every time you use this Site.

PLEASE NOTE: YOUR USE OF THIS SITE AND THE CONTENT AND THE SERVICES PROVIDED THROUGH THE SITE ARE VALUABLE BENEFITS THAT YOU RECEIVE, AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, THEN YOU MAY NOT USE THIS SITE.

1. Right to Use this Site

Foose Design grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license for you to use and view information and materials on this Site solely for your personal entertainment, information, education, and communication, upon all of the terms of these Terms of Use. This Site contains materials and other items relating to Foose Design and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, graphics, photographs, audio clips, music, sounds, pictures, videos, software, code, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site, all of which is protected by intellectual property laws and treaties. In using this Site, you must respect the intellectual property rights of Foose Design and others, all as outlined below. Accordingly, your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

2. Copyrights

All Content, any improvements or modifications to the Content, any derivative works based thereon, and the collection, arrangement and assembly of all Content are copyrighted, are the property of Foose Design or its licensors, and are protected by United States and international copyright and other intellectual property laws. Foose Design disclaims any representation or warranty that your unauthorized use of the Content will not infringe upon rights of third parties not owned by or affiliated with Foose Design.

Except as set forth in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Content. Nothing contained in these Terms of Use may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

Foose Design respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Site, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.

3. Trademarks

The trademarks, logos, and service marks displayed on this Site are owned by Foose Design or third parties, and this Site's trade dress is owned by Foose Design (collectively, the "Trademarks," which also constitute Content). Foose Design's Trademarks may not be used in connection with any product or service that is not Foose Design's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Foose Design. All other Trademarks not owned by Foose Design that appear on the Site are the property of their respective owners, and are used by Foose Design with permission. You may not use, modify or display any of the Trademarks appearing on the Site without the express written permission of the respective owner thereof.

4. Your Communications to Foose Design;Foose Design Rights to Your Submissions

Unless it specifically requests them, Foose Design does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to Foose Design any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content.

However, should you send Foose Design any of the foregoing, any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Foose Design via this Site or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Site (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Foose Design will not assume any responsibility, obligation, or liability for them or for Foose Design's receipt or non-receipt of them. Foose Design's receipt of Your Submissions is not an admission by Foose Design of their novelty, priority, or originality, and it does not impair Foose Design's right to contest existing or future intellectual property rights relating to Your Submissions.

You hereby grant Foose Design a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Foose Design in these Terms of Use, do not and will not infringe or otherwise violate any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, 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.

5. Online Shopping

Foose Design may elect to sell goods and/or services via the Site or through third-party websites from time to time. You must be 18 years of age or older to make any such purchases.

Visitors who choose to purchase goods and/or services via our Site may be automatically directed to third-party websites ("Shop Sites"). We do not control Shop Sites, nor are we responsible for the policies or practices of such Shop Sites. If you make a purchase on a Shop Site, the Shop Site may provide your contact information to Foose Design so that Foose Design may fulfill your order. In the event Foose Design elects to sell goods and/or services on the Site or through Shop Sites, Foose Design will provide you access to our return policy, which, together with these Terms of Use, will constitute our agreement with you with respect to any orders Foose Design fulfills.

As to products that may be featured on our Site or on Shop Sites, please note that every effort will be made to display as accurately as possible the images of such products. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. Moreover, Foose Design disclaims any responsibility for any inadvertent mistakes or inaccuracies in any product or service description. Also note that any and all product and service descriptions, prices, and availability are subject to change at any time, without notice.

6. Use Restrictions

You agree that you will not: (a) use this Site for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Site by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, exploitative of a minor or that violate any right of any third party; (f) engage in any activity that interferes with a user's access to this Site or the proper operation of this Site; (g) access or attempt to access any password protected portions of the Site without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools; or (h) collect or use any product listing, description or prices for commercial purposes. You also agree that, in using this Site, you will not impersonate any person or entity or misrepresent your affiliation with any entity.

7. Community Areas; Code of Conduct

Foose Design may elect to offer "community" features on this Site, such as message or bulletin boards, forums, and chat rooms. In such events, Foose Design will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Site, although Foose Design reserves the right to do so in its sole discretion. Foose Design does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties and such content does not necessarily reflect the views of Foose Design.

As to any information or content that you upload or post to this Site, you represent and warrant to Foose Design that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Site any information or content which: (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right, (b) is defamatory, libelous, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, expresses hate or is otherwise improper content, (c) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature, (d) has a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services), or (e) otherwise violates any applicable law or treaty.

Foose Design reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Foose Design also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Site that Foose Design reasonably believes violates these Terms of Use and to deny access by any user to this Site for any reason.

Foose Design does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site. Any such third party comments, opinions or statements placed on the Site are the views and responsibility of those who post the statements, and do not necessarily represent the views of Foose Design.

8. Investigations; Cooperation with Law Enforcement; Termination

Foose Design reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms of Use, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms of Use to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. Upon any termination, you agree to discontinue your use and access of the Site and to immediately destroy all materials obtained from it.

9. Privacy and Security Measures

Foose Design must collect certain information in order to operate this Site and to fulfill your requests or enable participation in certain online activities. But Foose Design respects the privacy of its visitors, and is especially mindful of protecting the privacy of children visiting our sites. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Please click Privacy Policy to review our Privacy Policy.

10. Disclaimers and Limitations of Liability

This Site may include technical inaccuracies or other errors, and your use and browsing of this Site is at your risk. THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Foose Design DOES NOT WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE, CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, Foose Design DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AVAILABLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND Foose Design IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. IF YOUR USE OF THIS SITE OR THE CONTENT CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, YOU ARE SOLELY RESPONSIBLE THEREFOR AND Foose Design WILL NOT BE LIABLE FOR THOSE COSTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Foose Design BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Foose Design BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL Foose Design'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

11. Links by You to this Site

You may not create hyperlinks to this Site without our prior approval.

12. Links on this Site to and from Other Sites

This Site may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Foose Design. Foose Design has no control over the content of any Linked Sites or any link contained in a Linked Site, and Foose Design does not assume any obligation to review any Linked Sites. Foose Design does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Foose Design disclaims all liability, direct or indirect, in connection therewith. We require service providers and trusted vendors who operate websites on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities you engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site, and Foose Design hereby disclaims all liability, direct or indirect, in connection therewith.

13. Banners, Advertisements, and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout this Site. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Foose Design's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Site (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Foose Design hereby disclaims all liability, direct or indirect, in connection with therewith.

14. Procedure for Alleging Copyright Infringement

Foose Design will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Site, then send us a written notice that includes all of the following:

  • (i) a legend or subject line that says: "DMCA Copyright Infringement Notice";

  • (ii) a description of the copyrighted work that you claim has been infringed;

  • (iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;

  • (iv) your address, telephone number, and e-mail address;

  • (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

  • (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

  • (vii) your electronic or physical signature.

Foose Design will only receive DMCA notices by mail, e-mail, or facsimile at the addresses below:

By Mail:
Foose Design
17811 Sampson Lane
Huntington Beach, CA 92647

By E-Mail: info@chipfoose.com

By Facsimile: (714)842-0440

Foose Design may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Foose Design may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may contact Foose Design at info@chipfoose.com.

15. General Provisions

  • A. Indemnity

    You agree to indemnify, defend, and hold harmless Foose Design (which includes Foose Design's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against Foose Design or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your use of this Site or any Content, (b) your violation of these Terms of Use, or (c) your violation of any rights of any third party.

  • B. Assignment

    You agree that Foose Design may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms of Use. These Terms of Use are personal to you may not transfer or assign it to a third party.

  • C. Revisions to this Site and these Terms of Use

    At any time, without notice to you and for any or no reason, Foose Design may, in its sole discretion, modify or discontinue any aspect of this Site, including, without limitation, any Content, any activities available on this Site, and any products or services offered through this Site. Foose Design shall in no way be held liable for any consequence which results from Foose Design's decision to modify or discontinue providing the Site. Foose Design may also, in its sole discretion, revise these Terms of Use by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Site following the effective date of any such changes constitutes your acceptance of those changes.

  • D. Operation of Site; Availability of Products and Services

    Foose Design controls and operates this Site from its headquarters in the United States of America, and Foose Design makes no representation that this Site is appropriate or available for use beyond the United States of America. If you use this Site from other locations, you are responsible for compliance with applicable local laws. Although Foose Design products and services may be available in many parts of the world, this Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.

  • E. Jurisdiction, Venue, and Governing Law

    You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in state or federal courts located in the city of Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law.

  • F. Force Majeure

    Foose Design shall not be liable for any failure to perform in accordance with these Terms of Use which is due to an event beyond the control of Foose Design including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot civil unrest act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract which may have been entered into, nor which could have been reasonably foreseen.

  • G. Miscellaneous Provisions.

    If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms of Use and will not affect the validity or enforceability of the remainder of these Terms of Use. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.