Effective: May 30, 2013
BWCC Intellectual Property
For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify BWCC in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. BWCC may refuse to grant a particular username to you for any reason, including, without limitation, in the event BWCC determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by BWCC or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws, and that these rights are valid and protected in all forms and media existing now or hereafter developed. Feedback BWCC welcomes your comments, feedback, information, or materials regarding the Website, Content or BWCC’s products or services (collectively, “Feedback”). If you submit Feedback to BWCC, please note that your Feedback shall become the property of BWCC. By submitting your Feedback to BWCC, you agree to assign, and hereby irrevocably assign to BWCC, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. BWCC shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
BWCC may allow users to place Orders for products, subscriptions, and/or services via the Website or through its third-party affiliate. “Order” shall mean any order placed by a user for products, subscriptions, and/or services via the Website that is accepted by BWCC. In the event that you are a user placing an Order to purchase products, subscriptions, and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party website make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party website. By making such purchases, you hereby agree that BWCC has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites.
Upon placing an Order, you shall pay to BWCC the purchase price as set forth in the “Shopping Cart” or similar ordering mechanism (including any applicable sales tax, surcharges, any delivery fees for the delivery service you select, and any other applicable fees) as of the time you submitted the order. BWCC or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable taxes, surcharges, delivery fees, or other applicable fees shall be applied to your chosen method of payment upon submission of your order. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and one half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and BWCC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, BWCC will issue you the appropriate credit within a reasonable time after your order has been revoked.
Please note that the colors or items and products may depend on your monitor and may not be correctly displayed. Please also note that the availability of products and other items on the Website may change at any time, without notice. If you purchase a product that must be shipped to you, such products will be shipped by BWCC and/or its thirdparty contractors within a reasonable time after processing of your order. Please note that your receipt of an electronic or other form of order confirmation does not signify BWCC’s acceptance of your order, nor does it constitute confirmation of our offer to sell. BWCC reserves the right, at any time after receipt of your order, to accept or decline your order for any reason. BWCC 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. BWCC may require additional verifications or information before accepting any order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if BWCC cancels all or a portion of your order, or if BWCC provides you less than the quality you ordered, your sole and exclusive remedy is either (a) BWCC will issue a credit in the amount charged for the cancelled portion or the quantity not provided (in the event you have already submitted payment for the order) or (b) BWCC will not charge you for the cancelled portion of the order or the quantity not provided. Shipment time will vary depending on the shipping method and service you select. BWCC does not guarantee delivery at any certain time. BWCC is not responsible for (a) shipping delays, (b) unsuccessful deliveries arising from recipient not being present at time of delivery at the address supplied by the sender, (c) products delivered to incorrect addresses supplied by the sender, (d) decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender, or (e) product quality problems caused by improper handling by the recipient. When applicable, free shipping offers are valid only on weekday deliveries to addresses within the Continental United States. In the event a product ordered by you is damaged upon receipt, BWCC, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which BWCC will accept for return or refund include products that are missing, torn or physically damaged or inoperable. In the event you purchase products that embody or otherwise contain Content owned by BWCC or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.
Please read the official rules that accompany each special offer, coupon, discount, contest, and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. User Representations
BWCC uses reasonable efforts to maintain the Website, but BWCC is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that BWCC may undertake from time to time; or (c) causes beyond the control of BWCC or which are not foreseeable by BWCC. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, ANY CONTENT, AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BWCC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, BWCC MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BWCC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BWCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY CONTENT, OR THE PURCHASE OF BWCC’S PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BWCC’S SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) SHALL NOT EXCEED, IN BWCC’S SOLE DISCRETION, THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE, SELLING OR PURCHASING ANY CONTENT OR PURCHASING BWCC’S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY BWCC FOR PROVIDING THE SERVICES.
SOME JURISDICTIONS DO 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 MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless BWCC, its officers, members, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of BWCC or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, or (f) your use of any Content, services or products provided by BWCC.
Term and Termination
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against BWCC, and BWCC shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to BWCC which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that BWCC has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies BWCC may have for your breach of this Agreement.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement. If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure, or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered, or delayed by such cause. This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Website, Content, and products and services offered via the Website, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website, Content, and products and services sold via the Website. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. BWCC makes no representation that the Website, Content, or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations, or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
Copyright and Copyright Notices
BWCC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BWCC the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website sufficient to
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the
- a statement by you, made under penalty of perjury, that the above information in your notice is the copyright interest; allow us to locate the allegedly infringing material; copyright owner, its agent, or the law; and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.