Terms of Use

 

You should carefully read the following Terms and Conditions.  By using this Web Site, you indicate your acceptance to these Terms.  If you do not accept these terms, then do not use this Web Site.  

Privacy

To understand our practices, please review our Privacy Policy.

Use of Web Site

The content of this Web Site is for your personal use only.  For commercial use of any portion of this Web Site, you must secure in writing, the consent from the Web Site owner.  Your use of the Web Site is at the sole discretion of the Web Site’s owner, who may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Web Site does not entitle you to continued use of the Web Site. We make no representations regarding accessing the materials on the Web Site from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Web Site from other jurisdictions do so at their own risk and are responsible for compliance with local rules and regulations.  

Copyright & Trademarks 

User acknowledges that this Web Site contains content such as text, graphics, logos, button icons, images, audio clips, digital downloads, date compilations, and software, is our property or the property of our Members, partners, agents, that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. "Boldly Creating Life™" is our Company's trademark.

All Content included on this Web site is copyrighted as a collective work under the copyright laws, international copyright laws. We own a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, resale, create derivative works from, reproduced, duplicated, copied, or otherwise exploited in any way, any of the Content, in whole or in part. Except as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. 

Electronic Communications 

When you visit this Web Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our main site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third-Party Content

In some instances, the Content available through the Web site represents the opinions and judgments of the respective third party providing such Content. We neither endorses nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made on the Web Site by anyone. Under no circumstances shall we or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through this Web Site. 

This site may contain links to other affiliated sites and certain other businesses. Those links, if any, are provided as resources that may be of interest to you. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. 

It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Web Site. You should carefully review their privacy statements and other conditions of use. If you decide to access linked third party websites, you do so at your own risk.

License & Site Access

We grant you a limited license to access and make personal use of this Web Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Web Site and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page so long as the link does not portray us, our Members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  We will always attempt to be as accurate as possible on our Web Site.


Disclaimer of Warranties & Limitation of Liability


YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED BY US ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE QUALITY OF ANY PRODUCTS, SERVICES.

We make no representations or warranties of any kind, express or implied, as to the operation of this Web Site or the information, content, materials, completeness or products included on this Web Site will meet your expectations or requirements.  We, to the full extent permissible by applicable law, expressly disclaim all warranties of any kind, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content or reliability.

We makes no warranty that your use of the Web Site will be uninterrupted, timely, secure or error-free. Any materials obtained through the use of this Web Site are done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data resulting there from.

We shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from the use or inability to use the Web Site or any other matter relating to the Web Site, including but not limited to reliance by a user on any information obtained from the Web Site. The operations of the Web Site may be interfered with by numerous factors outside or our control.

We do not warrant that the Web Site, it's Servers, or Email sent from us are free of viruses or other harmful components, including but not limited to results from mistakes, omissions, deletion of files or email, defects, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communication failure, theft, destruction, or unauthorized access to our records, programs, or services.  User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Web Site. 

Certain State Laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusion, or limitations may not apply to you, and you might have additional rights.

There is no warranty that information provided on this Web Site will fulfill any particular purpose or need. Your sole remedy for dissatisfaction with the Web Site or information contained on the Web Site is to discontinue your use of the Web Site. 

Site Policies, Modification, & Severability

We may change, revise, modify or update this Web Site, including the Terms, at anytime. Any changes, revisions, modifications or updates shall be effective immediately, and you will be bound to the Terms as they are changed, revised, modified or updated, whether or not you have notice thereof and whether or not you have used the Web Site after any such change, revision, modification or update.

Please review our other policies on this Web Site. These policies also govern your visit to the Web Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Indemnification & Applicable Law

By using this Site, you agree to defend, indemnify and hold the owner of this Web Site harmless, as well as its officers, employees and other affiliates, from and against any and all claims (including but not limited to claims based on the negligence of the Web Site Owner, its officers, employees and other affiliates) damages, costs and expenses, including reasonable attorneys fees, arising from or related to your use of this Web Site, the materials it contains, and any Web Sites lined to this Web Site and/or your failure to comply with your Terms.

By visiting this Web Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or our affiliates.

Any dispute arising under these Terms of Use shall be resolved exclusively by the state or federal courts sitting in California, USA.

International Duties & Taxes

You may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by you; we have no control over these charges and can not predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. Additionally, when ordering from our Web Site, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Orders from California Residents will be charged the proper State tax due.

Minors & Purchasing 

This Web Site is not directed at Children under the age of 18 and does not knowingly collect personal information from children under 18 years of age. If we obtains actual knowledge that it has obtained personal information from a child less than 18 years old, the information will be deleted from our records. If you are under 18, you may only purchase items from us with the involvement of a parent or guardian. 

 

 

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