GENERAL POLICY The Official Website of Andrew Bynum - Policy
Terms of Use Acceptance of Terms through Use by using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use, you must not use this Site.
Proprietary Rights The website and the organization and layout of the website, including all materials posted by AndrewBynum.com and Paid, Inc. are owned and copyrighted by AndrewBynum.com, (hereinafter collectively “US” or “WE”). The website may be accessed, downloaded or printed for personal, non-commercial use only. Without the prior written permission of US you may not copy, distribute, or transfer any material on the website in whole or in part, except as specifically provided herein.
Links to Other Websites Links to other websites are provided as navigation tools only. These other websites contain information created, published, maintained, or otherwise posted by persons or entities independent of US. WE do not control these websites and are not responsible for the information or links you may find there. WE do not guarantee the content, accuracy, completeness, or privacy policies of information on other websites. The presence of these links does not constitute or imply an endorsement, recommendation, or preference by US. The owners/operators of these websites do not necessarily endorse our products or services, nor are they responsible for the content of this Site. WE are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of use of, reference to, or reliance on such information.
Responsibility for Content If you transmit material to US or post material to this website, you represent that such material is owned by you, or used with permission of the copyright holder. You grant US a royalty-free, perpetual, non-exclusive right to use, and to authorize others to use, this material in all forms and media throughout the world. You agree not to post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of any applicable laws. You may not use the website to advertise or sell products or services to others. WE are not responsible for any content or material posted by users of the website. If any user violates this Agreement, or if WE believe in good faith that any portion of the material a user posts to the website infringes any copyrights or proprietary rights, or is otherwise inappropriate in OUR sole discretion, WE reserve the right, in our sole discretion, to edit or delete in whole or in part such posted material. Posted messages, participation in forums and chat rooms, and any other user posted content contain the opinions and views of the individual website user, not necessarily the views of US.
DISCLAIMER OF WARRANTY WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR WORMS CONTAINED WITHIN THE ELECTRONIC FILES IS DISCLAIMED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR ANY OTHER REASONS. LIMITATION OF LIABILITY IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE LAWS MAY APPLY REGARDING LIMITATION OF LIABILITY.
Indemnification You hereby agree to defend, indemnify and hold US harmless from all claims, liabilities, damages and expenses (including attorney’s fees and expenses arising out of or relating to your use and/or misuse of this Site), purchases of goods and services posted on this site, and any alleged breach of the Terms of Use by you.
Changes to the Agreement WE may make improvements or changes in the information, services, products, and other materials on the website, or terminate the website, at any time without notice. WE may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement.
Entire Agreement This Agreement constitutes the entire and only agreement between US and you and may not be modified except in writing signed by all parties.
Jurisdictional Issues The website is controlled and operated by Paid, Inc. from its offices within the Commonwealth of Massachusetts, United States of America. "WE" make no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. In addition please note that the website is intended for use only by United States residents. "WE" acknowledge the global reach of the World Wide Web, however, countries outside the United States may have other legal or regulatory requirements, which require reference to different or additional information. Therefore, the website may not be appropriate for use outside the United States or by anyone other than a United States resident.
General This Agreement and the resolution of any dispute related to this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the parties related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts.
Privacy Policy
Privacy Policy The content on AndrewBynum.com is free to our visitors and does not require the collection of any personally identifiable information. This site only collects personal information from our visitors on a voluntary basis. Please note that AndrewBynum.com is the official website for Andrew Bynum and related products and is managed by Paid, Inc. (WE or US). At AndrewBynum.com WE are committed to protecting your online privacy and the safety of all our website visitors. WE do not require our visitors to disclose more information than is reasonably necessary to participate in any AndrewBynum.com activity. The following policy describes how AndrewBynum.com collects, protects, and uses information it receives from visitors to the website. WE recognize the importance of adhering to the highest standards of decency, fairness and integrity in the operation of this website and are committed to providing quality online activities and information to all visitors. Please check back from time to time as WE may amend our privacy policy to cover those activities that may be offered in the future. WE reserve the right, at our discretion, to change or modify this privacy policy, with such changes or modifications becoming effective immediately upon the posting thereof. Your continued use of this site following the posting of changes and/or modifications will constitute your acceptance of our revised privacy policy. Remember, never give out your full name, home address, email address, telephone number, or any other personally identifiable information that would allow any other online user to contact you either online or offline.
Reminder for Parents AndrewBynum.com encourages children to consult with their parents before submitting any information to any website - including AndrewBynum.com – or purchasing any item(s) online, however, WE believe parents should be involved in the online activities of their children and suggest that parents do their best to provide their children with a safe and friendly online environment.
INFORMATION COLLECTION POLICIES Some of the products and services on our site are offered without collecting any personally identifiable information from you. You may surf most of this site and its content anonymously without giving out any personally identifiable information. AndrewBynum.com only collects personal information from our visitors on a voluntary basis. WE only collect personally identifiable information such as first and last name, mailing address, email address, telephone number, gender and date of birth when visitors register to join the AndrewBynum.com email (mailing) list or to receive promotional information from US and/or to enter a featured sweepstakes or contest when offered/available and when/where such information is required. Personally identifiable information is collected from our visitors and is used to fulfill requested transactions (such as for shipping of merchandise) and to provide special offers and services through newsletters, mailings, emails and telephone calls by US. Personally identifiable information is only collected from children under 13 years of age with verifiable parental or guardian consent for the purposes defined below.If you purchase any merchandise from AndrewBynum.com, WE may also collect a credit cardholder name, cardholder address and card number, and street and billing address of any purchaser.
The Collection of Limited Personally Identifiable Information Information provided at the AndrewBynum.com website may be shared with Andrew Bynum’s management and/or representatives. WE are not responsible for how Third Parties handle the data once they receive it. When WE have co-branded or sponsored services, when WE host a site, or when WE join with other parties to provide specific services, WE may share (provide or receive) your personal information with them.
Reviewing Personally Identifiable Information If you would like to review the personally identifiable information that WE have collected about you or your child online, please send an email to customerservice@andrewbynum.comAfter verifying your identity WE will send you an email with all the personally identifiable information that AndrewBynum.com has collected.
Choice / Opt-out Online visitors, including children under the age of 13 and/or their parents, who no longer wish to receive our promotional materials or would like to unsubscribe from the AndrewBynum.com email list may opt-out of receiving these communications by sending us an email entitled "unsubscribe" to customerservice@andrewbynum.com.
New Notice for Consent If there are materials changes in the collection, use or disclosure practices to which a parent has already agreed; WE will send a new notice and request the consent of the parents.
Sweepstakes & Contest Rules AndrewBynum.com may occasionally offer contests and sweepstakes to the general public, but does not condition participation in an activity on disclosing more personally identifiable information than is reasonably necessary to administer the activity. When you enter or participate in a contest or sweepstakes, WE request personal information from you (such as your full name, mailing address, email address, telephone number, gender and date of birth). The information you provide is used for the purpose of conducting the promotion (i.e. identifying winners). WE may also use this information to send you newsletters and other information WE think may be of interest. Recipients of our mailings can unsubscribe by sending an email to customerservice@andrewbynum.com.
Cookies AndrewBynum.com may use “cookie” technology to passively obtain non-personal information from its online visitors. A cookie is a piece of data stored on the visitor’s hard drive containing information about the user. Once the user closes his/her browser, the cookie simply terminates. At AndrewBynum.com, cookies are used to improve your online experiences by providing content specific to your interests (e.g., to store your password to eliminate the need for multiple log-in information or to recognize you by name). The use of cookies is an industry standard that is found on most major websites.
Security AndrewBynum.com has taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use. All information related to this website is protected through proper security measures, which are periodically reviewed.
Privacy Statement for Children Under the Age of 13 The activities of this site are carried out in compliance with the Children’s Online Privacy Protection Act of 1998. Under this Act, WE may not ask a child to provide more personal information than is reasonably necessary to participate in the free AndrewBynum.com website. On certain occasions, AndrewBynum.com may offer sweepstakes, promotions and/or contests. Children under the age of 13 will be asked to check a box indicating he/she is under the age of 13. If so, he/she will be asked to submit his/her parent’s email address. After retrieving such information, AndrewBynum.com will send an email to the parent notifying him/her the child has registered and provide him/her with information about the program and give instructions on how the parent can remove the child from the promotion and/or contest. AndrewBynum.com will use the collected information (emails) ONLY to notify the promotion and/or contest winners and their parent that they have won. AndrewBynum.com requires the winners’ parents to provide US with all information other than as needed for legal requirements in connection with the promotion and/or contest. At AndrewBynum.com, WE will ONLY collect the child’s email as well as the parent’s email for promotional or contest purposes and in no event will AndrewBynum.com use the information for any other purposes than to award prizes. The child will not be able to enter any sweepstakes or contest if he/she does not submit his/her parent’s email address. When WE receive a request to purchase merchandise from a child under the age of 13, which would require our collection of personally identifiable information, an email requesting the consent of the parent along with instructions on purchasing the merchandise online or via telephone or mail is sent to the parent. The parent must fill out the personally identifiable information needed, including the parent’s credit card number, to consent to the child’s purchase request.
Message Board Policy It’s recommended that visitors never give out their full name, home address, email address, telephone number, or any other personally identifiable information that would allow any other online user to contact you either online or offline. The information, ideas or opinions posted through this website do not necessarily reflect the views of US. WE shall not assume responsibility or liability for any postings or for any claims, damages or losses resulting from their use or appearance on this website. WE will sweep its message boards periodically at its discretion. WE do not allow postings that contain: (1) profanity or obscenities; (2) private or personal information that identifies a user or another person; (3) slanderous, defamatory, threatening and harassing comments; and (4) other information that AndrewBynum.com believes is inappropriate. This message board may only be used for noncommercial purposes. Users may not post any information intended to promote or generate revenue for themselves or other third-party businesses. WE remain committed toward providing our users with the best service available and will maintain reasonable procedures to protect our message boards. WE reserve the right to edit, delete or refuse to post any messages that violate its policies and do not endorse the accuracy or reliability of the content posted by its users. By submitting a posting on the AndrewBynum.com message board, you agree to hold us harmless from and against any breach of your representations, warranties or undertakings. Children under the age of 13 must receive verifiable parental consent in order to participate on the message boards where personally identifiable information may be posted. Again, AndrewBynum.com encourages participants not to post personally identifiable information on the Message Boards and retains rights to remove any personally identifiable information that may be posted.
Purchasing Policy
(as of March 2007)
Merchandise AndrewBynum.com sells various sports memorabilia, apparel, and autographed items from AndrewBynum.com (hereinafter “Merchandise”). Purchases may be made online with a valid credit card. AndrewBynum.com accepts Mastercard, Visa, American Express and Discover.
We will accept AndrewBynum.com merchandise items for return or exchange within 30 days of purchase provided the item is unused, unopened and in brand new condition. For wearable merchandise, items that have been washed or worn may not be returned. For non-wearable merchandise, including photographs, posters, framed items and other sports memorabilia product, AndrewBynum.com will not accept for return or exchange any packaged item after it has been opened. There are no refunds, returns or exchanges for digital downloads; all such sales are final. There may be a cancellation/return/exchange fee plus shipping and handling for all exchanges. AndrewBynum.com is not responsible for the cost of return shipping.Please Note:When returning product for refund purposes, please enclose a note – along with your order confirmation number – stating your reason(s) for return to: AndrewBynum.com c/o Paid Inc. -4Brussels Street, Worcester, MA 01610.
Please allow for two weeks for shipping of your Merchandise. If one or more items from your order are out of stock, or if an item that you ordered becomes discontinued prior to delivery, we will notify you via e-mail. If an item is back-ordered, you have the option of holding your entire order until the back-ordered item arrives or you can request a credit for the back ordered item and have the rest of your order shipped.
In accordance with state law, we may be required to charge sales tax on certain Merchandise orders shipped within the state of Massachusetts. Sales tax is applied to the total amount of the order, which includes shipping and handling charges.
Customer Service Our customer service office is open from 8 am to 5:00 pm Monday thru Friday EST. Should you have any questions regarding your merchandise order, please call us at 508-791-6710; e-mail orders@andrewbynum.com, or send to us via regular mail at: AndrewBynum.comc/o Paid Inc., 4 Brussels Street, Worcester, MA 01610.
Changes to Purchasing Policies Paid may occasionally update these Purchasing Terms. When we do, we will also revise the "last updated" date at the bottom of the Purchasing Terms. You understand that Paid Inc. reserves the right to make these changes and that you are responsible for regularly reviewing these Purchasing Terms as posted on this Web site. Continued access to or use of the AndrewBynum.com website after any such change shall constitute your consent to such change.
