terms of use

INTRODUCTION AND ACCEPTANCE

Welcome to Rosebloom Headwear, accessible at www.rosebloomheadwear.com (referred to as the “Site”). We are so glad you chose us to find your perfect headwear fit. Your comfort and style is important to us, but the legal is too, so please take a few minutes to review our Terms of Use.

By utilizing the Site, you are acknowledging and agreeing to adhere to the following terms and conditions (referred to as the “Terms of Use”), in addition to all applicable laws. If you do not consent to these Terms of Use, kindly refrain from accessing or utilizing the Site.

The Site is the property of Rosebloom Headwear, LLC (hereinafter referred to as “Rosebloom Headwear,” “we,” or “us”). We reserve the right to modify the Terms of Use at any time, without prior notice, by posting such changes on the Site.

Please be aware that any violation of these Terms may result in legal remedies being pursued against you.

OWNERSHIP

Rosebloom Headwear, LLC (referred to as “Rosebloom Headwear,” “we,” or “us”) maintains exclusive ownership, control, or licensing of all rights, titles, and interests associated with the Site and its displayed content. This encompasses, but is not limited to, text, images, moving images, photographs, illustrations, graphics, visuals, audio, video, copy, software, software code, data, and the overall design, arrangement, and organization of the Site (collectively referred to as “Content”). These rights include, but are not limited to, copyrights, trademark rights, trade dress rights, patent rights, database rights, moral rights, sui generis rights, and other proprietary rights.

The Site, its Content, and all related rights remain the exclusive property of Rosebloom Headwear or its licensors and content providers.

It is important to note that using the Site does not confer ownership or a license to any Content, compilations, or intellectual property accessible through the Site. Users are permitted to view the Content on the Site on their personal computer or other Internet-compatible devices and create a single copy or print of the Content for personal, internal, non-commercial use only. Modification of any Content is prohibited, and users are expressly forbidden from copying, distributing, transmitting, displaying, performing, reproducing, publishing, retransmitting via any means, or engaging in any reuse, licensing, creation of derivative works, transfer, or sale of any Content or any portion or element of the Site. Removing any copyright, trademark, or other proprietary notices from any Content or any part of the Site is strictly prohibited. Furthermore, the use of such Content, portions, or elements on any other website or networked computer environment is expressly forbidden.

PROTECTED TRADEMARKS AND INTELLECTUAL PROPERTY

All trademarks, service marks, trade names, patents, and patent-pending designs, including intellectual property associated with Rosebloom Headwear and featured on this Site (such as the marks rosebloomHEADWEAR, rbHW, and patent-pending style designs), are the exclusive property of Rosebloom Headwear or its affiliated entities, unless explicitly stated otherwise.

It is crucial to emphasize that nothing on this Site should be construed as granting, whether implicitly, by estoppel, or through any other means, any license or right to use any trademark displayed on this Site without obtaining the express prior written consent of Rosebloom Headwear or the respective owner of any third-party trademark. Unauthorized use or mishandling of the trademarks showcased on this Site is strictly prohibited.

Additionally, any form of commercial distribution, publishing, or exploitation of the Content or any portion or element of this Site is strictly forbidden unless you have obtained explicit prior written permission from Rosebloom Headwear or the relevant rights holder. We are dedicated to upholding our intellectual property rights to the maximum extent allowed by law.

INFORMATION ACCURACY

We strive to present information on this Website that is accurate, complete, and up-to-date. However, we cannot guarantee that all information made available on this Website is entirely accurate, complete, or current.

If you make a purchase on this Website and we cannot fulfill your order due to inventory discrepancies, we will promptly notify you. In such a situation, our sole responsibility will be to issue a refund for any unavailable item or offer you an exchange for an alternative item of your choosing.

The Website may occasionally contain information with typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions. Additionally, we retain the right to modify or update information or cancel orders if any information on the Website is found to be inaccurate, without prior notice. This includes situations where adjustments are made after you have already submitted your order.

It’s important to note that we are not obligated to continuously update, amend, or clarify information on the Website or any linked website, including pricing information, except as required by applicable law. Any specific update or refresh date mentioned on the Website or its pages should not be interpreted as an indication that all information on the Website has been altered or updated.

BILLING ACCURACY and ACCOUNT INFORMATION

By utilizing our online store, you commit to providing current, complete, and accurate purchase and account details for all transactions conducted on our platform. It is your responsibility to ensure that your account information, including email address, credit card numbers, and expiration dates, remains up-to-date to facilitate seamless transactions and enable us to reach you as necessary.

We place significant importance on the information you provide through the Website, covering registration details (such as your name and email address), payment data (including credit card numbers and expiration dates), and transaction-related information. It is crucial that all of this information remains true, accurate, current, and complete. Failure to uphold this commitment may result in you being solely responsible and liable for any losses, damages, or additional expenses incurred by you, us, or any other party due to the submission of false, incorrect, or incomplete information.

PRICING

Prices for our products are subject to change without prior notice. We retain the right, at any time, to alter or cease the availability of any product on the Website without prior notification. Please note that we shall not be held liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuations of any item featured on the Website.

PRODUCTS

We have taken great care to accurately present our products, including colors and images, in our online store. However, it’s important to note that we cannot guarantee the exact representation of colors on your computer monitor’s display.

While we reserve the discretion to restrict the sales of our products to specific individuals, geographic regions, or jurisdictions, we are not obligated to do so and may make such determinations on a case-by-case basis. Additionally, we maintain the right to impose quantity limitations on any products we offer. Please be aware that all product descriptions and pricing are subject to change without prior notice, solely at our discretion. Any product offers made on this Website are considered void in areas where they are prohibited.

WARRANTY OF PRODUCTS

We provide a material and workmanship warranty, covering material defects and craftmanship. Deterioration caused by daily use, normal wear and tear, misuse, improper care, neglect, alteration or modification, accidental damage, intentional damage, or theft is not covered by warranty.

We retain the right, at our discretion, to rectify errors at any time, contingent upon our assessment of the product’s condition. Additionally, we may choose to limit or cancel quantities of products purchased per individual, per household, or per order. Such restrictions may encompass orders placed under the same customer account, with the same credit card, or using identical billing and/or shipping addresses. In the event that we decide to modify or cancel an order, we will make reasonable attempts to notify you by using the email address or billing information provided during the order placement. Please note that we also reserve the right to limit or disallow orders that, in our sole judgment, seem to be placed by dealers, resellers, or distributors.

CUSTOMER ACCOUNTS

To access certain areas of the Website, you may choose or be required to create an account. If you opt to create an account, it is your responsibility to safeguard the confidentiality of your account details, including your username and password, and to limit access to this information, your account, and your device. You agree to assume full responsibility for all activities conducted under your account or password. Furthermore, you are obligated to promptly inform Rosebloom Headwear of any unauthorized access or use of your account or password, or any other security breaches.

We retain the right, which includes but is not limited to cases where we become aware that you are under the age of eighteen (18) or have violated any of these Terms of Use, to terminate your account or registration at our discretion. If you are under the age of eighteen (18), you are not permitted to create an account, and you may only use this Site with the involvement of a parent or guardian.

UNSOLICITED SUBMISSIONS

Any information submitted or provided to us through the Site regarding Rosebloom Headwear, the Site, or Rosebloom Headwear’s products, including the submission of ideas for new products, inventions, and designs (‘Ideas’), will be treated as non-confidential. Rosebloom Headwear retains the right to freely copy, reproduce, use, disclose, distribute, and commercially exploit such Ideas in any manner, without constraints or the obligation of attribution.

CLIENT CONDUCT

Age Verification: By accessing the Website, you affirm and guarantee that you are at least eighteen (18) years old. If you are under the age of eighteen (18), you may only use the Website under the supervision and involvement of a parent or guardian.

Payment Obligation: When placing an order through the Website, you agree to promptly and fully pay the prices for the items you purchase, either by credit/debit card at the time of your online order or by using other acceptable payment methods. You also commit to paying all applicable taxes. If we do not receive payment from your credit or debit card issuer or their agents, you consent to settling all outstanding amounts upon our demand.

Lawful Use: You agree to access and use the Website strictly in a lawful manner and in accordance with these Terms of Use. You will not engage in any activities intended to undermine the integrity of the Website.

Prohibited Actions: You warrant and undertake not to:

(a) impersonate any person or entity or misrepresent your affiliation with any other individual or entity;

(b) utilize payment information (e.g., credit card, debit card) or personal information (including, but not limited to, name, address, telephone number) belonging to any other person;

(c) employ any Content, information, or material obtained through the Site for commercial purposes (except as expressly permitted by the provider of such information or material);

(d) transmit or post any material that may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, filthy, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit, indecent, or illegal;

(e) attempt to gain unauthorized access to other computer systems through the Site;

(f) obstruct or hinder any other user from using and enjoying the Site or its services;

(g) engage in or promote conduct that constitutes a criminal offense, civil liability, or a violation of any local, state, national, or international law;

(h) violate, plagiarize, or infringe upon the rights of third parties, including, but not limited to, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary rights;

(i) upload, post, transmit, reproduce, distribute, or otherwise publish material containing (1) a virus, spyware, or any other harmful component; (2) advertising, chain letters, or pyramid schemes of any kind; or (3) information that is false or misleading regarding its origin, endorsement, or factual statements.

Additional Restrictions:

(i) You may not engage in actions like spidering, “screen scraping,” “database scraping,” or any other automated means of collecting user lists or information from the Site or its services.

(ii) You shall not use the Site or its services with the intention to disrupt, damage, disable, overburden, or impair the Site or such services, including sending mass unsolicited messages or “flooding” servers with requests.

(iii) You will refrain from using the Site or its services in violation of any applicable law.

Interference with Site: You also agree not to attempt or encourage others to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services, or any content therein, or make unauthorized use thereof.

Interactive Services: Periodically, we may offer messaging services, chat services, bulletin boards, and other forums on the Site. Usage of such services is subject to the restrictions mentioned above and any additional rules or regulations that we may post in conjunction with those services or forums.

Content Monitoring: You are solely responsible for the content and consequences of your actions. While we may, at our discretion, monitor and review materials posted by users on the Site or through its services, we are not responsible for any such materials posted by users. Nevertheless, we retain the right to disclose information as necessary to comply with any law, regulation, or government request. Additionally, we reserve the right to edit, refuse to post, or remove any information or materials, in whole or in part, that, in our sole discretion, are objectionable or violate these Terms of Use, our policies, or applicable law.

Website Linking: If you include a link from any other website to the Site, such a link shall open in a new browser window. You agree not to link to this Site in a manner that frames, surrounds, or obfuscates the Site or any of its pages with any third-party content, materials, or branding. We reserve the right to revoke your right to link to the Site from your website at any time and for any reason.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Rosebloom Headwear, its respective affiliates, licensors, directors, officers, employees, agents, and representatives from and against any losses, costs, expenses, or damages of any nature whatsoever, including attorney’s fees and court costs. This indemnification is applicable to any claim, cause of action, suit, or demand brought by a third party arising from, related to, or resulting from your breach of these Terms of Use.

DISPUTES, JURISDICTION, AND STATE OF LAW

Rosebloom Headwear manages and oversees the Website from its offices in Ohio. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.

You agree that any dispute or matter arising from your visit to or interaction with the Website, including compliance with these Terms of Use, shall be initiated and adjudicated in the appropriate court within the State of Ohio, County of Mahoning. By using the Website, you consent to the personal and exclusive jurisdiction of the courts located in Mahoning County, Ohio.

Furthermore, any cause of action or claim arising from or related to these Terms of Use or the Website must be initiated within one (1) year after the cause of action accrues. Failure to do so will result in the permanent bar of such claims or actions.