YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEBPAGES BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEB SITE.
TERMS OF USE
WEB SITE OWNERSHIP
This Web site is owned and operated by BUILD A HEAD LLC 320 Chickasaw Plum Dr. Holly Springs, NC 27540
PERMITTED USE
You agree to be bound by the following terms and policies:
SHIPPING GUARANTEE
We only guarantee orders shipped with a guaranteed shipping option through FedEx or UPS. These options include:
- Overnight
- 2 Day Guaranteed
- 3 Day Guaranteed
All other shipping options are considered non-guaranteed. The shipping guarantees that products will be delivered on time and in good condition. Any delays in shipping may be resolved by resending the items as ordered, store credit, a partial refund, a full refund, or a combination thereof.
Non-guaranteed shipping options carry no promise of delivery by a date. Refunds, credits, or resends are not available for orders that have not been delivered by the end of an estimated delivery window.
DAMAGED SHIPMENTS
Items damaged while in transit may be eligible for a replacement, store credit, partial-refund, full-refund, or a combination thereof at our discretion. Photos and a description of damage may be required by Build a Head to facilitate shipping claims and/or for internal record keeping. Any remittance of remedies to customers may be dependent on receipt of sufficient evidence.
LOST SHIPMENTS
If a shipment is suspected as being lost, customers are responsible for reaching out to carriers to initiate search or trace requests. If deemed lost by the carrier or Build a Head, customers may be eligible for a replacement, store credit, partial-refund, full-refund, or a combination thereof at our discretion.
ORDER CANCELLATIONS
Because we begin working on most orders almost immediately after they are placed, we are unable to cancel orders for a full refund after they have been placed. Orders cancelled before being shipped out may be eligible for a partial refund on the shipping amount only. Orders that have been shipped out cannot be cancelled and refunded.
ORDER CHANGES
Once placed, orders are considered final. Customers may reach out to the support team to request a change, and at our discretion, we may allow and process such changes. However, there is no promise or guarantee, and if changes are not requested and processed in time, the order will ship out as originally ordered, and a refund will not be available.
REFUNDS
Because our products are made to order and customized for each customer, we generally do not offer refunds. Store credit, partial refunds, full refunds, or a combination thereof may be available only in certain, specific circumstances as outlined in the Shipping Guarantee, Damaged Shipment, and Lost Shipment policies. Refunds are not available for customer address errors.
RETURNS
Because our products are made to order and customized for each customer, we generally do not accept returns.
REPLACEMENTS
Replacements may be offered to customers as a remedy. Generally, replacements will be shipped with the same shipping service as originally ordered.
BUILD A HEAD MANUFACTURER’S LIMITED WARRANTY
Build a Head warrants to the original purchaser of a Build a Head product, that it will be free from defects in materials and workmanship at the date of original receipt. Build a Head will replace components that are defective. Defects resulting from misuses or any modification or print quality are excluded from this warranty. Any claims must be submitted to Build a Head within 72 hours of receipt of product by customer.
Build a Head makes no other express or implied warranty or condition whatsoever, whether written or oral, and expressly disclaims all warranties and conditions not stated in this Limited Warranty.
SUBMISSIONS
You acknowledge and agree that all submissions to Build a Head containing any comments, improvements, suggestions, and ideas regarding this Web site will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Build a Head's unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
TESTIMONIALS
You acknowledge and agree that all testimonials submitted to Build a Head will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Build a Head the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Build a Head may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictitious name therewith.
DIGITAL MILLENNIUM COPYRIGHT ACT
Build a Head is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this Web site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:
BUILD A HEAD LLCAttn: Webmaster
320 Chickasaw Plum DriveHolly Springs, NC 27540
IMAGE USE
We offer custom products through this Web site for personal use. By using this service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights with respect to your image submission, (ii) your image submission does not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual who appears in your image submission, and (iv) you are not using this service for any unlawful purpose.
Image submissions containing minors, under the age of eighteen (18), must have written consent from such individual's parent or legal guardian. Build a Head does not assume responsibility to verify the age of individuals contained in your image submission. However, Build a Head reserves the right to request supporting information to verify the age of any individual and to request a written consent for every identifiable individual who appears in your image submission.
By uploading your image submission, you hereby grant Build a Head and its affiliates and assigns a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, publicly display, reproduce and distribute your image submission in any format.
LINKING AND THIRD-PARTY ADVERTISING
NOT RESPONSIBLE FOR LINKS TO OTHER WEB SITES
For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, Build a Head does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that Build a Head will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
NO ADVERTISING / NO LINKS
Build a Head does not permit third-party advertising on this Web site. Except with the written permission of Build a Head, you agree that you will not create links from any Web site or webpage to this Web site or any webpage within this Web site.
REVISIONS
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Web site at the time you access this Web site. Because these Terms of Use may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Web site are subject to updating and revision without notice to you. Build a Head will honor current pricing at the time of your order. However, Build a Head reserves the exclusive right to change pricing, at anytime, without notice. You further acknowledge and agree that the Terms of Use may not be altered except with the express written permission of the President of Build a Head.
LOCATION
You understand and acknowledge that Build a Head controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.
USER IDs AND PASSWORDS
Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify Build a Head immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and Build a Head, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
MANDATORY AND OPTIONAL INFORMATION
We identify what information is required to fulfill your request. If you chose not to provide mandatory information, we will not be able to provide you the service you are requesting.
CONTESTS, SWEEPSTAKES, AND SURVEYS
From time to time, we may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding the Affiliate Family products or services. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
EMAIL SUBMISSION
By making a purchase on BuildaHead.com, entering contests, sweepstakes and surveys or submitting your email to any sign-up form located on BuildaHead.com, you are consenting to receive Build a Head-branded emails regarding future order information, shipping status and marketing promotions.
WITHIN THE AFFILIATE FAMILY
Within the Affiliate family, which includes pawprintsHQ, Cardboard Cutouts, Build a Head, we may exchange customer information to fulfill your requests or to provide you with information about other products or services, if you have chosen to receive such communications.
SERVICE ALERTS AND CRITICAL NOTICES
Although we respect and honor the privacy preferences you have expressed, we may need to contact you to inform you of specific changes that may impact your ability to use this service or for other critical non-marketing purposes, such as bug alerts. We may also contact you to respond to your specific requests, to clarify the order information you provided to us, or to notify you of upcoming subscription expiration dates.
CHANGE OF CONTROL
Your personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of Build a Head. You will have the opportunity to opt out of further secondary use of your information following any change of control.
REMARKETING PRACTICES
We use Google Analytics data about our site traffic via Google advertising cookies and anonymous identifiers in order to serve advertising banners on third party sites. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Google makes available a Google Analytics Opt-Out Browser Add-on that prevents your web data from being used by Google Analytics. To learn more and to install the browser add-on, go to https://tools.google.com/dlpage/gaoptout/.
CHANGES TO OUR PRIVACY POLICY
We may, in our sole discretion, update this privacy policy at any time by posting the amended policy on the website, and it shall be effective upon posting.
LEGAL DISCLOSURES
In some cases we may disclose certain information to comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.
COOKIES
A "cookie" is a small piece of information that our web site may provide to your browser while you are at our sites. The Build a Head Web site supplies your browser with cookies that contain a unique identifier used to better understand web site usage in the aggregate and on an individual level so we know what areas of our site users prefer (e.g., based on the number of visits to those areas). This is done through a tracking utility that allows us, for example, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. Build a Head may also employ service providers to help us collect and understand our web site usage data.
Additionally, Build a Head service providers that serve ads on affiliate and/or advertiser web sites may assign different cookies and small graphical images called single-pixel GIFs or web beacons, to your browser to track the effectiveness of Build a Head advertising on other web sites and your involvement with Build a Head. For example, as part of the Build a Head affiliate programs, our service providers use cookies and web beacons to determine when affiliate program members have referred a customer to Build a Head via a link on their web site. The Build a Head Web site also sets a temporary cookie that contains a unique, anonymous identifier that is provided to the service provider to ensure that each referral is only counted once. This cookie is not linked to a customer's personal information. The cookies and web beacons are necessary to ensure that affiliate program members are appropriately credited for their referrals. Service providers report data in the aggregate and do not link it to individual customer information. Build a Head may also employ service providers who may assign cookies or web beacons to your browser to assist us in collecting web site usage data such as your IP address, session ID, URL and demographic information such as your zip code. The collection of data may include personally identifiable information.
If you simply want to browse, you do not have to accept cookies from our site. Should you decide, however, that you would like to register and sign in to special areas of the web site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send. Otherwise, you won't be able to participate in certain areas of the web site. Most browsers are defaulted to accept and maintain cookies.
WEB SITE USAGE DATA
Our web site tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to support@BuildaHead.com.
COPPA
Our web site is not designed to appeal to children under the age of 13. Therefore, we don't knowingly attempt to solicit or receive any information from children.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to webmaster@BuildaHead.com or write us:BUILD A HEAD LLC
Attn: Webmaster
320 Chickasaw Plum DriveHolly Springs, NC 27540
If you make any unauthorized use of this Web site or violate the Terms of Use: (a) you may be in violation of laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Build a Head. You agree to indemnify Build a Head and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Web site and/or your breach/violation of or failure to comply with the Terms of Use.
PURCHASES
If you wish to purchase any products or services through this Web site, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third-party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion.
DISCLAIMERS
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUILD A HEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. BUILD A HEAD HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE.
YOU ACKNOWLEDGE AND AGREE THAT BUILD A HEAD IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEB SITE, BUILD A HEAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUILD A HEAD MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT BUILD A HEAD, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEB SITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL BUILD A HEAD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT BUILD A HEAD SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL BUILD A HEAD'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEB SITE.
COMMUNICATIONS WITH COMPANY
TIME SENSITIVE INSTRUCTIONS
When communicating with us through this Web site, PC-talk, chat or via e-mail, do not use the Web site, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Web site, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-SIGNATURE
General communications through this Web site, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.
RECORDING & MONITORING OF COMMUNICATIONS
Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
PROHIBITED E-MAIL CONTENT
All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member's employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. The use of the Company's e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company's e-mail facilities for purposes of to soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.
NEGLIGENT MISSTATEMENT
The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.
SEVERABILITY
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.