This is the website of Bomber, LLC (collectively, “Bomber,” “we,” or “us”) recognizes the importance of our customers’ privacy, and we take a number of steps to protect that privacy. The following discloses the information gathering and dissemination practices for information collected through the mail, Bomber retail stores and wholesale accounts, bomberski.com (collectively, the “Bomber Services”).
If you have any questions or concerns about the privacy or security of your information, you may contact us using the contact information provided below.
Collection and Use of Non-Personal Information
Session Analytics Information. We may automatically collect non-personally identifiable information about your hardware devices (i.e., your computer or mobile device) when you access the Bomber Services. For example, when you visit Bomberski.com (the “Site”), we may collect your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer or mobile device whenever you access the Internet, as well as information about the type of Web browser software you use and the referring Web site. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our service and to administer the Site. We may also collect information about your activity on our Site, such as the time and duration of your visit, the sections of the Site or Application that you visit, the search terms you use, and the products you add to your shopping cart.
A “cookie” is a small file stored by your web browser on your computer. Cookies allow us to recognize who you are, when you arrive at our site, by associating an anonymous identification number in the cookie. At no time is your personally identifiable information stored within one of our cookies. We may also contract with a third-party advertising partner to serve ads on our behalf across the internet and sometimes on this site. They will collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving advertisements tailored to your interests by any third party partner, visit the Network Advertising Initiative at www.networkadvertising.org/choices.
This will take you to “www.networkadvertising.org/choices” where you can opt out of any advertising.
Accepting cookies through your web browser is your personal choice. You can set your browser to disable cookies. However, if you choose not to accept cookies, we may not be able to provide you with as good of an experience as one that is specifically tailored to your needs by utilizing the cookie.
These technologies make it easier for you to use the Bomber Services. We use them in order to retain the contents in your shopping cart while you are checking out other areas of the Bomber Services. When you are done, the products in your cart are still there for you to buy. We also use them to gather certain aggregate usage information about the numbers and frequency of visitors to the Bomber Services and how they interact with the Bomber Services. This data helps us improve the appearance and usability of the Bomber Services.
Cookies do not collect personally identifiable information. Cookies may remain on your hard drive or device after you cease using the Bomber Services. You may decline to accept cookies by modifying your Web browser settings. If you choose to decline cookies, however, you may not be able to sign up for or use certain features of the Bomber Services that depend on your Web browser accepting cookies.
Collection of Personal Information
Personal Information You Provide. We may collect and store any identifiable information that you choose to provide in connection with your use of the Bomber Services. This may include personally identifiable information (such as your name, shipping address, billing address, email address, phone number and credit card number) that we need in order to process your orders, communicate with you, or provide you with services that you request. For example, through order forms on our Site, and in our catalog, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).
Personal Information from Other Sources. Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalog more easily.
Uses of Personal Information About You
Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about Bomber to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below.
If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, or promotional offers from our partners. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below.
We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below.
Disclosures of Personal Information About You
We do not disclose personal information about you to other companies, persons or agencies, except for the purposes described below:
Service Providers: We may employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.
Sharing: We may share your name and postal address with other reputable companies so they may send you catalogs about products of potential interest. We do not share credit card information or email addresses with these third parties. If you prefer that we not share your name and postal address with other companies, please see “How to remove your name from our mailing, sharing or email list” section below.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have the opportunity to choose not to share the information.
How to Remove your Name from Our Mailing, Sharing or Email List
You may choose to receive or decline communications from us at the point where we request information about you. You also may use the following options for removing your information from our database so as not to receive future communications, or to no longer receive our service, or to not share your name and address with other companies.
How to Correct Your Information on Our Mailing, Sharing or Email List
You have the following options for changing and modifying information previously provided.
Protection of Personal Information
We want you to feel confident about using and making purchases through the Bomber, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.
How to contact Us
If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways
EFFECTIVE DATE: 1/1/2020
Welcome to Bomberski.com and Bomber mobile services (the “Bomber Electronic Platforms”). The Bomber Electronic Platforms are hosted by Bomber, LLC. (collectively, “Bomber,” “we,” or “us”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Bomber Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
Bomber does sell products for children, but it does not sell products to children. Bomber only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Bomber reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Bomber believes that user conduct violates applicable law or is harmful to the interests of Bomber or its affiliates.
Bomber® is a registered trademark of Bomber, LLC in the United States and other countries. The following marks indicated on the Bomber Electronic Platforms are trademarks or registered trademarks of Bomber in the United States and other countries, with all rights reserved Bomber, LLC.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Bomber Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Bomber or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Bomber Electronic Platforms for any purposes. Nothing stated or implied on the Bomber Electronic Platforms confers on you any license or right under any copyright of Bomber or any third party.
The Bomber Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Bomber Electronic Platforms, or use the contents of the Bomber Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Bomber or its lawful successors and assigns. For usage permission, Contact Us.
Notice of Copyright Infringement
Bomber respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Bomber Electronic Platforms, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
If you believe that your work has been copied and is accessible on the Bomber Electronic Platforms in a way that constitutes copyright infringement, please provide Bomber’s Copyright Agent with the following information:
Identification of the copyrighted work claimed to have been infringed; Identification of the allegedly infringing material on the Bomber Electronic Platforms that is requested to be removed; Your name, address, and daytime telephone number, and an email address if available, so that Bomber may contact you if necessary; A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Bomber’s Copyright Agent for notice of claims of copyright infringement on the Bomber Electronic Platforms is Bomber’s Outside General Counsel, who can be reached as follows:
Seiger Gfeller Laurie, LLP Attn.: Mark Seiger 977 Farmington Avenue, West Hartford, CT 06107 email: email@example.com
Third Party and Co-Branded Web Sites
The Bomber Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Bomber (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Bomber to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Bomber Electronic Platforms. BOMBER IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Bomber Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Bomber. As a condition of your use of the Bomber Electronic Platforms, you warrant that you will not use the Bomber Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Bomber Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Bomber or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. By using the Bomber Electronic Platforms, you agree not to violate or attempt to violate the security of the Bomber Electronic Platforms, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Bomber Electronic Platforms; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Bomber Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Bomber. Title to products purchased on the Bomber Electronic Platforms, as well as the risk of loss for such products, passes to you when Bomber delivers these items to the carrier.
Bomber attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Bomber Electronic Platforms are accurate, complete, reliable, current, or error-free. Most Bomber products displayed on the Bomber Electronic Platforms are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Bomber Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Bomber Electronic Platforms are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear on the Bomber Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor or device’s display of any color will be accurate.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE BOMBER ELECTRONIC PLATFORMS ARE PROVIDED BY BOMBER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOMBER MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BOMBER ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE BOMBER ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE BOMBER ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE BOMBER ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE BOMBER ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE BOMBER ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE BOMBER ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BOMBER ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOMBER DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL BOMBER, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BOMBER ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BOMBER ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE BOMBER ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO BOMBER THROUGH THE BOMBER ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Dispute
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New York, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Nw. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to Bomber or to products you purchase through Bomber shall be submitted to confidential arbitration in New York, NY, United States of America, except that, to the extent you have in any manner violated or threatened to violate Bomber’s intellectual property rights, Bomber may seek injunctive or other appropriate relief in any state or federal court in the State of New York, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of Federal Rules of Civil Procedure with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Bomber and its affiliates, successors and assigns, and its and their members, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Bomber arising out of or relating to your use of the Bomber Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.
Considerations for Non-U.S. Customers
Bomber’s headquarters are located in the United States, and the Bomber Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Bomber Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Bomber Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.