Thank you for visiting Timboom.com! Timboom.com (“Timboom”) provides this website as a service to its guests (our “Services”). Please review the following rules, which apply to all visitors, or users of our website and/or mobile applications, to govern your use of our Services. Your use of our Services constitutes your agreement to follow and be bound by these Terms of Use. Since Timboom may revise this agreement at any time, you should visit this page periodically to review the terms of your use.

OWNERSHIP OF CONTENT

The website is owned and operated by The Timboom located at 2002 International Dr, McLean, VA 22102. Timboom’s website, applications and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, graphics, photographs, designs, video, audio, and written and other materials that appear as part of this website (collectively, “Content”) are owned, controlled or licensed by or to Timboom, and are protected by U.S. copyright, patent, trade dress, trademark, and other laws, as well as international laws and treaties. No right, title or interest in the Content is conveyed to you. In using our Services, Content is provided to you under a limited license and may be used for personal, non-commercial, and informational purposes only. The limited license granted to you is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Services or any of the Content without Timboom’s express written permission; (b) you may not systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; and (c) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized use of the Content is strictly prohibited.

TRADEMARKS

Timboom’s trademarks are an important asset of Timboom, and as such, Timboom will not tolerate any unauthorized use of its trademarks and trade dress, including use in page content, hidden text, metatag keywords or in search engine tags or links. Timboom will enforce its intellectual property rights to the fullest extent of the law.

PROHIBITED USES

You shall not post, transmit, redistribute, upload, or promote any communications, User Generated Content or materials that contain (a) corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain any unsolicited advertising, promotional materials or other forms of solicitation to other users; (d) impersonate any person, business or entity; encourage conduct that would constitute a criminal offense; (e) give rise to civil liability; or (f) otherwise violates any law or amounts to any conduct that, in the judgment of Timboom, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services. If Timboom determines, in its sole discretion that you’ve failed to comply with any of our policies or terms and conditions, Timboom may deny you access to its Services.

MERCHANDISE AVAILABILITY

Inventory Online: We add new merchandise to Timboom.com daily. In order to offer a wide variety of new styles and brands, we are not able to guarantee inventory if you leave the website without purchasing your selection. While shopping, you will notice that only the available sizes and colors will display. However, putting the merchandise into your shopping bag does not guarantee inventory. The merchandise will be reserved to you only after you check out. If an item is not available after you have placed an order, you will be notified via email.

Inventory Online vs. In-Store: Currently we offer most of our store merchandise on Timboom.com. Occasionally, we offer styles and sizes on Timboom.com that are not available in Timboom stores. In other cases, due to vendor policies, we are unable to offer select brands online that you may find in our retail locations.

Hard-to-Find Merchandise: If the product that you are searching for is not listed on Timboom.com, it is possible that it has not yet arrived or has already sold out. Not all items are restocked when they sell out. If the item(s) you’re searching for is not available online, please contact Guest Services to find out if it is available for special order through a Timboom store near you. Contact Guest Services at [email protected]

Backorders: Although we intend to only show available product online, occasionally popular styles may become out of stock due to high demand. This may result in cancelled items on your order. If a backorder occurs on your Timboom.com order and a second shipment is required, you will not be charged for ground shipping on your second order.

PRICING

All prices on Timboom.com are listed in U.S. dollars. Prices are consistent with the retail prices within Timboom store locations. Despite our best efforts, items on Timboom.com may be priced incorrectly. However, we verify prices as part of our shipping process. In the unlikely case that an item is mispriced, Timboom will honor the price as advertised in Timboom retail stores. Please note that your order confirmation email does not mean that your order has been shipped, or that the price of an item has been confirmed. The order confirmation email reports estimated tax.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

USER GENERATED CONTENT

The Services may permit you to voluntarily submit comments, text, photographs, videos or other material (“User-Generated Content”). User-Generated Content submissions may be accessed and viewed by others, including by the general public, and Timboom does not agree to any confidentiality with respect to any User-Generated Content. By submitting User-Generated Content, you grant to Timboom an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, distribute, exhibit, broadcast or otherwise exploit such content in whole or in part, in any form, media or technology for any purpose including, advertising, promotion, entertainment or commercial purpose without any payment to or further authorization from you. Timboom may require your affirmative consent to use your User-Generated Content, such as replying to our Instagram post with #agree. You affirm, represent, and warrant to Timboom that: (i) your User-Generated Content is original; (ii) you own all right, title and interest and have the sole and exclusive right to license all of the rights therein to Timboom; (iii) use of your User-Generated Content on the Services or otherwise by Timboom, in whole or in part, will not infringe upon the rights of any third party, including without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted in your User-Generated Content.

Please email us at [email protected] if you have any questions.

EMAIL UPDATES

When you sign up for an online account you can also subscribe to receive email updates regarding the latest styles, promotions, and specials from Timboom.com. You will find an “unsubscribe” text link at the bottom of every promotional or marketing email sent to you. Please click this link to be removed from our email database. If you do not have a Timboom email with an unsubscribe link available and would like to be removed from our list, please send your request to [email protected]. We will follow up with confirmation that your email address has been removed.

PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE

Your submission of personal information through the website is governed by our Privacy Policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of Timboom.com (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

DISCLAIMER; LIMITATION OF LIABILITY

The Services and all information, content, materials, and products thereof, are provided to you on an “as is” and “as available” basis, unless otherwise specified in writing. Timboom disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Given the unpredictability of technology and the online environment, Timboom does not warrant that the function or operation of this website will be uninterrupted or error–free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to the website and user of the Services, you assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website, and you agree that access is undertaken solely at your own risk. Timboom shall not be liable for damages of any kind related to your use of or inability to access this website. In no event will Timboom, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, that result from your use or inability to use the Services, any websites or applications linked to the Services, any content of the Services, any services or items obtained or purchased through the Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Timboom, including its partners, subsidiaries, and affiliates, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, liabilities, claims, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your activity related to the Services and any violation of these Terms of Use (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.

SEVERABILITY

You agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of these Terms of Use shall remain in full force and effect.

GOVERNING LAW & JURISDICTION

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the United States, without regard for its principles of conflicts of laws, and shall be binding upon you in the United States.

CORRESPONDENCE

Although we will make every effort to respond quickly to applicable email messages, Timboom.com is under no obligation to respond to all pieces of correspondence received through this website, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding Timboom.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Timboom through Timboom.com shall become and remain the property of Timboom. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Contact Us

• Email: [email protected]
• Address: 2002 International Dr, McLean, VA 22102
• Phone: 301-531-4968