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Terms of Use Agreement
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submission of any purchase order to Roshambo Baby, Inc. indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Roshambo Baby, Inc. or any of its affiliates. Roshambo Baby, Inc. reserves the right to make changes to this site and these terms and conditions at any time.
Roshambo Baby, Inc.
1890 Diamond Street
San Marcos, CA 92078
helpme@roshambobaby.com
Copyright and Trademark Notice
This site is owned and operated by Roshambo Baby, Inc. unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Roshambo Baby, Inc. copyright © 2013, all rights reserved. All software used on the site is the sole property of Roshambo Baby, Inc. or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Roshambo Baby, Inc.'s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Roshambo Eyewear, Roshambo Shades, Ludicrous Speed, Happy Potamus, and Roshambo Baby are registered trademarks, trademark or service marks of Roshambo Baby, Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Roshambo Baby, Inc. All other trademarks or service marks are property of their respective owners. The use of any Roshambo Baby, Inc. trademark or service mark without Roshambo Baby, Inc.'s express written consent is strictly prohibited.
Replacement Guarantee Disclaimer and Limitation of Liability as to Products Sold
All products are guaranteed against all defects for 30 days from the date of the invoice. Roshambo Baby, Inc. will replace any frames in the "Bayside," "Malibu Sands," "Hot Sundae," "The Max," and "Bendees" style flexible sunglasses and frames damaged in the course of normal, intended and expected use for up to one (1) year from the date of purchase. Damage warranty does not apply (except manufacturing defects) to sports wrap and goggles ("Ludicrous Speed" collection), or "Pops" prescription glasses. Product registration is required to claim any warranties. Roshambo Baby, Inc. reserves the right to determine what is a “normal, intended and expected use,” but minor "damage" including scuffs, bite marks, fixable stretching, divots, or other such issues that do not undermine the function and wearability of the sunglasses for their intended purpose will generally not be considered replaceable damage. Roshambo Baby, Inc. extends this replacement guarantee for damage or breakage to frames occurring from normal, intended, and expected use of the frames for one (1) year from the date of purchase to partner retail stores or other authorized third party resellers assuming all other conditions presented herein are satisfied, including but not limited to warranty registration of the product.
Roshambo Baby, Inc. also offers a lens replacement guarantee for any sunglasses lenses lost in the normal, intended and expected course of use if purchased from a partner retail store or this website. This lens replacement offer is only good for gray polarized sunglass lenses in square, round and heart shapes (respectively know as, "Bayside", "Malibu Sands," and "Hot Sundae" collections) and does not apply to AVN blue light "screen time" lenses, mirrored lenses, "The Max" single shield lenses, snow goggle lenses, sports wrap lenses ("Ludicrous Speed" sports collection) or prescription lenses. Replacement guarantee for custom prescription lenses applies only if the 1-year replacement add-on was added at time of purchase. Mirrored lens replacements are offered at 50% off with promotion code. Sunglass lens replacement offer is intended to be a one time replacement offer, any subsequent replacement requests will be solely at the discretion of the company. Neither offer covers any handling or shipping fees associated with replacement, which are to be paid by the customer.
Except as expressly stated herein, Roshambo Baby, Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the roshambo.com site. Except as expressly stated herein, Roshambo Baby, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Roshambo Baby, Inc. arising from any product sold on the roshambo.com sites shall be the price of the product ordered. In no event shall Roshambo Baby, Inc. its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold.
Disclaimer and Limitation of Liability as to the Roshambo Sites
The roshambo.com websites and the materials therein are provided “as is”. Roshambo Baby, Inc. makes no representations or warranties, either expressed or implied, of any kind with respect to the sites, their operations, contents, information, materials or year 2000 compliance. Roshambo Baby, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Roshambo Baby, Inc. its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Roshambo Baby, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Roshambo Baby, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Roshambo Baby, Inc. shall immediately issue a credit to your credit card account in the amount of the charge.
Links and Third Party Content
This site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that Roshambo Baby, Inc. is not responsible for the operation of or content located on or through any such site. At times this site may also contain images and content provided by customers and other third parties. You acknowledge that Roshambo Baby, Inc. is not responsible for the content submitted by third parties. If you have a concern about content on our site, please email helpme@roshambobaby.com and we will address the concern as soon as possible. By submitting content to our website via any means, you acknowledge you have the right to give legal permission for Roshambo Baby, Inc. to use such content without limitation, including for marketing and promotional purposes. Subsequent requests to remove such content submitted to Roshambo Baby, Inc. shall be granted at the sole discretion of Roshambo Baby, Inc.
Third Party Pixels and Cookies
Notwithstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read or use cookies to collect information from your device and/or Internet browser. These cookies do not contain personally identifiable information, however, it may be possible for our third-party business partners to combine it with other information in order to identify your email address or other information about. For example, the cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. Visitors can also express their choices for display advertising, through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers’ websites and send personalized emails based on the visitors’ browsing experience. We and/or our partners use cookies, pixels and other tracking technology to associate certain Internet-related information about you, such as your Internet Protocol address and what Web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners. If you would like to opt-out please click here. We use Instant to help us understand how our customers use our site, and use this information to retarget for marketing purposes. You can read more about how Instant uses your Personal Information here: https://www.instant.one/privacy-policy. You can opt-out by contacting help@instant.one
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy, with further detail provided below in subsequent updates. Please review all posted updates.
By subscribing to Roshambo Baby, Inc. text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.
Roshambo Baby, Inc. Privacy Policy (updated 8/21/23)
This Privacy Policy describes how Roshambo Baby, Inc. (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from www.roshambo.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.
How We Collect and Use Your Personal Information
To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
What Personal Information We Collect
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Information We Collect Directly from You
Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
How We Use Your Personal Information
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
We have, in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":
Category:
Categories of Recipients:
We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
We have "sold" and "shared" (as those terms are defined in applicable law, see below in the 'California Privacy' section for further detail) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities, as follows.
Category of Personal Information
Categories of Recipients
User Generated Content
The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.
Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
Children
We do not, in providing the Services, knowingly collect personal information from children who are under the age of 16 without prior consent from such child's parent or guardian. We do not have actual knowledge about selling or sharing personal information of consumers under the age of 16. If you have reason to believe that a child has provided personal information to us via the Services, please contact us, and we will endeavor to delete that personal information from our databases unless the prior consent from such parent or guardian has been obtained.
Advertising and Analytics
We engage third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect personal information about your use of our websites, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This personal information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit Opt Out Network Advertising and About Ads. You may opt out of receiving targeted advertising by visiting Your Online Choices. Please note that you need to renew this choice on each device and browser you use to access our Services.
We may also work with third parties (such as Facebook and Instagram) to serve ads to you as part of a customized campaign on their platforms. If you prefer not to see customized ads from us, you can usually opt out by changing your account settings or preferences on such platforms.
Data Retention
Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which the personal information was collected and any other permissible, related purpose, and as permitted or required by the applicable laws. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired.
We allow our e-commerce partner, Glopal, Inc., to directly collect personal information from you for the purposes of facilitating ordering and shipping internationally. This information collected by this e-commerce partner will be treated in accordance with their privacy policy. For more information about Glopal's privacy practices, please visit the Glopal company website.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
It is our intention to only send you communications that you may want to receive. When you opt-in or do not opt-out from receiving promotional materials in a form in which we collect the personal information from you, we will contact you regularly via post and/or e-mail. We intend to use your name, contact details and demographic information and market or promote the events offered or arranged by us or third parties. We may not use your personal information for such purposes unless we have received your consent.
You can opt out of receiving promotional communications from us at any time by doing the following:
Please note that "opting-out" of receiving promotional emails will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request. We may continue to send you non-promotional emails, such as those about your account or ongoing business relations.
We use Shopify's ad services such as Shopify Audiences to help personalize the advertising you see on third party websites. To restrict Shopify merchants that use these ad services from using your personal information for such services, visit https://privacy.shopify.com/en.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.
International Users
Please note that we may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
State-Specific Privacy Rights
Depending on where you reside and in accordance with applicable law, you may have additional rights related to the personal information collected from and/ or about you, subject to certain exceptions and limitations. You may have the following rights with respect to your Personal Information:
You can make a request by emailing customer support at helpme@roshambo.com. When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services, or the last four digits of a credit or debit card used to make a purchase. We may also use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under your state's consumer privacy law.
The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our products or services.
To appeal a decision we have made regarding your request, you may follow the instructions in our response denying your request or you email us at helpme@roshambo.com.
Your California Privacy Rights
You can make a request by emailing a request to helpme@roshambo.com. You may also designate an authorized agent to make a request on your behalf on our website through our contact form. When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services, or the last four digits of a credit or debit card used to make a purchase. We also may use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under California's consumer privacy law. Please note that we are only required to honor requests to know twice in a 12-month period.
The fact that you have elected to exercise these rights will have no adverse effect on the prices and quality of our products or services.
We may decline a Request a Delete, in part of in whole, if we determine that there is a lawful basis for retaining the information, including because the information is necessary to (i) complete a transaction or perform a contract between us; (ii) ensure security; (iii) debug or repair errors; (iv) exercise a legal right; (v) comply with another law or a legal obligation; (vi) conduct research; (vii) enable internal uses that are reasonably aligned with our consumers' reasonable expectations; or (viii) otherwise use the information, internally, in a lawful manner that is compatible with the context in which you provided the information.
In addition to the above, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information Roshambo has "sold" or "shared" about you. There are instances where Roshambo has shared Personal Information in order to provide our customers with personalized services or customized offers to improve your shopping experiences through our Services or elsewhere. Depending on the circumstances and the contractual obligations in place, this sharing may be considered a "sale" or "sharing" under California law and you may have the right to request that we stop such sharing as set forth above. This sharing may include:
Roshambo does not use or disclose sensitive personal information, as defined in applicable laws, for any purposes other than those permitted by applicable law.
Opt-Out Preferences Signals
You can opt out of the "sale" of data as defined by CCPA and targeted advertising by visiting our website with Global Privacy Control enabled.
This Privacy Policy describes how we may share your information for marketing purposes, as described above. If you are a California resident, the Shine the Light law permits you to request and obtain from us once per calendar year information about any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us through the contact form on our website.
State-Specific Requests–Request from Authorized Agents
If you submit a consumer privacy request on behalf of another person permitted under applicable law, you must verify your legal authority to act on behalf of that person, and your identity and the identity of the other person, to our satisfaction before we can fulfill our request.
Data Transfers
Roshambo is headquartered in the United States and we process and store the information we collect from you, regardless of your location, in the U.S. If you are based outside the U.S., we transfer your personal information to, and process your personal information on, servers located in the U.S., a jurisdiction that may not provide equivalent levels of data protection as your home jurisdiction. By reference to the section headed "Sharing of Personal Information" above, your personal information may also be transferred to, stored and processed in the U.S. or other jurisdictions where the third parties are located or from which the third parties provide us services. Such transfers and processing of your personal information are necessary to provide our Services. By submitting your personal information to us, you understand and consent to the transfer of such information as described above.
Data Security Measures
We are committed to protecting the security of your personal information. Our staff are trained on the importance of privacy and protection of personal information. We intend to limit the number of individuals within Roshambo with access to personal information to those directly involved in the process of providing Services to you. Security arrangements will also be reviewed regularly to ensure that personal information is protected against loss and unauthorized or accidental access, use, disclosure, modification and erasure.
Third Party Websites
Our websites may contain links to other websites which are operated by third parties. We are not responsible for the privacy practices of these third-party websites. We have no control over the content of the linked websites or how they deal with your personal information. You should review the privacy policy for such third-party websites to understand how your personal information may be used by them.
Notice of Financial Incentive
In connection with offers, promotions, and rewards programs, we may offer financial incentives and/or price or service differences ("Incentives") to participants in exchange for our use of your personal information.
To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities in connection with our offers, promotions, and rewards programs, such as your email address, phone number, birthday, product preferences, referral activity, purchase history, and engagement with Roshambo ("Participant Data").
The value of Participant Data is determined based on the revenue generated from activities related to the collection and use of participants' personal information less expenses related to offering the offers, promotions, or rewards programs. This value will vary by participant depending on distinct factors. The value of Participant Data is reasonably related to the costs associated with offering the Incentives. You can withdraw from or cancel your registration in Roshambo offers, promotions, or rewards programs at any time by contacting us at helpme@roshambo.com.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at helpme@roshambo.com or contact us at 1890 Diamond Street, San Marcos, CA, 92078, United States.
For the purpose of applicable data protection laws, we are the data controller of your personal information. For representative details in the EEA and the UK please contact us.
Your Consent
By using the internet service provided by us, you consent to your personal information being used in the manner set out above. You further consent to us using your personal information for the purposes as stated and for ancillary purposes.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Roshambo Baby, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Roshambo Baby, Inc. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Roshambo Baby, Inc. is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Roshambo Baby, Inc.
Sales Taxes
Roshambo Baby, Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. orders shipping to international addresses will be charged the applicable taxes and duties.
Jurisdiction and Venue
You agree that any legal action brought against Roshambo Baby, Inc. shall be governed by the laws of the state of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the roshambo.com sites shall be an appropriate federal or state court located in San Diego county, California.
Wholesale Distribution
