CONDITIONS OF USE
USE OF THE BIG HOFF CUSTOMS WEBSITE CONSTITUTES AGREEMENT TO OUR TERMS OF USE. WE ENCOURAGE YOU TO REVIEW THE FOLLOWING INFORMATION CAREFULLY.
AFFIDAVIT OF CUSTOMER
- I AM NOT AN UNLAWFUL USER OR ADDICTED TO ANY CONTROLLED SUBSTANCE.
- I HAVE NEVER BEEN AND I AM NOT EXPECTED TO BE CONVICTED IN ANY COURT OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.
- I AM NOT UNDER INDICTMENT FOR AND HAVE NEVER BEEN CONVICTED IN ANY COURT OF A CRIME PUNISHABLE BY IMPRISONMENT FOR OVER ONE YEAR.
- I AM NOT A FUGITIVE FROM JUSTICE.
- I AM CURRENTLY NOT SUBJECT TO A RESTRAINING ORDER OF ANY KIND.
- I HAVE NOT BEEN ADJUDICATED AS A MENTAL DEFECTIVE AND I HAVE NOT BEEN COMMITTED TO ANY MENTAL INSTITUTION.
- I AM NOT AN ILLEGAL OR UNLAWFUL ALIEN.
- I HAVE NEVER BEEN AND I AM NOT EXPECTED TO BE DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS.
- I HAVE NOT RENOUNCED MY U.S. CITIZENSHIP.
REFUNDS AND EXCHANGES
DUE TO THE NATURE OF OUR PRODUCTS BEING CUSTOM MADE TO THE SPECIFICATIONS OF THE CUSTOMER, THEY ARE NON-RETURNABLE AND NON-EXCHANGEABLE. ALL SALES FINAL. WE DO NOT ACCEPT RETURNS OR EXCHANGES, AND/OR PROVIDE REFUNDS ON ANY OF OUR ITEMS.
CUSTOMER ACCEPTS OUR SERVICE AND PRODUCTS “AS IS,” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
BIG HOFF CUSTOMS IS A LICENSED BUSINESS IN THE STATE OF TEXAS. BIG HOFF CUSTOMS COMPLIES WITH ALL APPLICABLE STATE AND FEDERAL LAWS. ALL PRODUCTS AND PERSONS ASSOCIATED WITH BIG HOFF CUSTOMS COMPLY WITH STATE AND FEDERAL RESTRICTIONS.
PROHIBITED SHIPPING ADDRESSES
I WILL NOT REQUEST THAT BIG HOFF CUSTOMS SHIP PROHIBITED PACKAGES OUTSIDE THE LOWER FORTY-EIGHT STATES OF THE UNITED STATES OR TO MASSACHUSETTS, CHICAGO, NEW YORK CITY, OR ANY OTHER AREA THAT IS PROHIBITED BY FEDERAL, STATE, OR LOCAL LAW. BIG HOFF CUSTOMS DOES SHIP TO ILLINOIS, NEW JERSEY, AND CONNECTICUT WHEN PROPER DOCUMENTATION IS PROVIDED.
INDEMNIFICATION AND AGREEMENT TO DEFEND
I FULLY AGREE THAT IF ANY OF MY REPRESENTATIONS WHEN MAKING PURCHASES UNDER THE TERMS OF SALE ARE INCORRECT OR IF I FAIL TO COMPLY WITH THESE TERMS OF SALE, THEN I WILL INDEMNIFY, DEFEND, SAVE HARMLESS, AND RELEASE .COM AND ITS OWNERS, AGENTS, OFFICERS, AND EMPLOYEES AGAINST ANY CIVIL LIABILITY OR CRIMINAL PROSECUTION RESULTING FROM MY PURCHASE FROM BIG HOFF CUSTOMS.
I FULLY AGREE THAT BY PLACING MY ORDER, I RELEASE BIG HOFF CUSTOMS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS I PURCHASED FROM BIG HOFF CUSTOMS, INCLUDING (BUT NOT LIMITED TO) MY OR ANYONE ELSE USE OF THE PRODUCT, MY OR ANYONE ELSE’S STORAGE OF THE PRODUCT, AND MY OR ANYONE ELSE’S HANDLING OR TRANSPORTATION OF THE PRODUCT, AND I AGREE TO INDEMNIFY, DEFEND, SAVE HARMLESS, AND RELEASE BIG HOFF CUSTOMS AND ITS OWNERS, AGENTS, OFFICERS, AND EMPLOYEES AGAINST ANY CIVIL LIABILITY OR CRIMINAL PROSECUTION RESULTING FROM THE PRODUCTS I PURCHASED FROM BIG HOFF CUSTOMS.
CLASS ACTION WAIVER
YOU EXPRESSLY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, INCLUDING BUT NOT LIMITED TO, LITIGATION, ARBITRATION, AND MEDIATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. BY MAKING THIS EXPRESS AGREEMENT, YOU ACKNOWLEDGE AND AFFIRM THAT THIS IS A KNOWING, VOLUNTARY, AND PERMANENT WAIVER OF ANY RIGHT TO BRING FEDERAL, STATE, OR LOCAL CLAIMS AS ANY PART OF, OR ON BEHALF OF, ANY CLASS OR ANY OTHER INDIVIDUALS, BEFORE A COURT OR OTHER TRIBUNAL.
DISCLOSURE
WE MAY DISCLOSE YOUR PERSONAL INFORMATION IF WE ARE REQUIRED BY LAW TO DO SO OR IF YOU VIOLATE OUR TERMS OF SERVICE.
CONTENT SUBMITTED BY SITE USERS
IF YOU DO POST CONTENT TO THIS SITE OR OTHERWISE SUBMIT MATERIAL (INCLUDING, BUT NOT LIMITED TO, PHOTOGRAPHS AND TESTIMONIALS), YOU GRANT BIG HOFF CUSTOMS AND ITS AFFILIATES A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY SUCH CONTENT THROUGHOUT THE WORLD IN ANY MEDIA. BY YOUR SUBMISSION YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO THE CONTENT THAT YOU POST; THAT THE CONTENT IS ACCURATE; THAT USE OF THE CONTENT YOU SUPPLY DOES NOT VIOLATE THIS POLICY AND WILL NOT CAUSE INJURY TO ANY PERSON OR ENTITY; AND THAT YOU WILL INDEMNIFY BIG HOFF CUSTOMS OR ITS AFFILIATES FOR ALL CLAIMS RESULTING FROM CONTENT YOU SUPPLY. BIG HOFF CUSTOMS RESERVES THE RIGHT TO REMOVE ANY CONTENT AT OUR SOLE DISCRETION.
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BIG HOFF CUSTOMS ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIG HOFF CUSTOMS MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. BIG HOFF CUSTOMS CANNOT WARRANT THAT THIS SITE, OUR SERVERS, OR EMAIL COMMUNICATIONS AFFILIATED WITH THE USE OF THIS WEBSITE, ARE FREE FROM VIRUSES. BIG HOFF CUSTOMS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CHANGES IN POLICY
BIG HOFF CUSTOMS RESERVES THE RIGHT TO MODIFY, ALTER, DELETE AND UPDATE THESE POLICIES AT ANY TIME WE SEE FIT. SUCH ALTERATIONS DO NOT NULLIFY OUR RIGHTS IF INFRINGEMENTS OR BREACHES OCCURRED UNDER A PREVIOUS VERSION OF THESE CONDITIONS.