Limited Right To Use The Site
The Company grants you a non-exclusive, non-transferable, limited right to access botkier.com and the materials thereon for your personal use only, provided that you comply fully with the terms under this User Agreement. You shall not interfere or attempt to interfere with the operation of botkier.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.
OWNERSHIP OF INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all content on botkier.com, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of the Company and/or affiliated companies, third party licensors and/or other respective owners including but not limited to other users (collectively the "Site Content"), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any Site Content on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Site Content for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Site Content in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any other use of the Site Content is expressly prohibited. Any attempts to access the Site Content in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Site Content.
Unless otherwise noted, Botkier, Botkier New York, Botkier NY, botkier.com and all of the graphics, logos, designs, page headers, button icons, scripts and service names shown on botkier.com are the registered trademarks, trademarks or trade dress of Trebbianno llc and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
Botkier is committed to providing a website that is accessible to all consumers. For more information, please refer to our Accessibility Statement on the site.
You shall indemnify, defend and hold harmless the Company, its parent, affiliates, subsidiaries and their respective officers, directors, agents, employees, content providers, licensors and licensees (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorney fees) incurred by the Indemnified Parties in connection with any matter, claim or lawsuit arising out of, based upon, or resulting from your use of the Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any such matter, claim or lawsuit otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of the Company.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
The Site, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither the Company nor its content providers warrant that the functions, features or content contained in the Site will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the Site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the Site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. The Company, its parents, subsidiaries, affiliates, agents or content providers make no warranties and shall not be liable for the use of the Site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to the Company, its parents’, subsidiaries’, affiliates’, agents’ or content provider’s negligence. If you are dissatisfied with the Site or any materials on the Site, your sole remedy is to discontinue using the Site.
Certain content may be considered objectionable by individual users and users must exercise their discretion in using and allowing minors or others to use the Site.
Under no circumstances shall the Company, its parent, subsidiaries, affiliates, agents or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the Site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorized representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the Company, its parent, subsidiaries, affiliates, agents or content providers to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions of use or your use of the Site exceed, in the aggregate, $100.00.
NO RESPONSIBILITY FOR TRANSMITTED MATERIAL
You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company, its parent, affiliates, subsidiaries, or agents other than pursuant to this User Agreement. The Company shall not be responsible for the payment of any monies to any party in connection with the Company"s use of communications submitted by you to the Site.
NON-UNITED STATES RESIDENTS
The Company makes no representation that materials in the Site, including any copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
CHOICE OF LAW AND JURISDICTION
The Terms and Conditions outlined contain the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of botkier.com. If any provision of this Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.
CONDITIONS OF SALE
Goods and products included in the packaging are sold to Customer strictly for retail sale and under no circumstances: a) to be resold to other retailers, and b) for international shipments not imported back into the United States, nor c) otherwise sold in the United States, its territories and protectorates. Such actions will invalidate Customer’s license and authority of the goods and products purchased in violation of controlling principles of intellectual property and United States Customs Service.
The price payable by customer will be the price set forth on the Site at the time of purchase, and confirmed in its Order Confirmation. Promotional discount codes cannot be combined with other offers unless expressly stated. Botkier reserves the right to determine the category of merchandise to which a given offer applies. Discounts will not apply to taxes or other fees. In the event of a sale or other promotion, no price adjustments will be made to previous purchases.
Items marked as FINAL SALE are not eligible for return or exchange, unless expressly specified.
PAYMENT AND SETTLEMENT
Payment is due immediately upon checkout on botkier.com, unless stated otherwise by Botkier. In case Customer doesn’t make payment(s) owed as set forth on the Order Confirmation and this Invoice, Customer will have defaulted and in breach of this Agreement.
Visa, MasterCard, American Express, Discover, Amazon Pay, Apple Pay and Alipay will be accepted by Botkier.
Customer will indemnify Botkier against any and all costs, losses and expenses incurred by Botkier as a result of cancellation.
Customer’s statutory right to set-off, if any, only applies to undisputed or judicially finally adjudged counter-claims. Any statutory rights of withholding by Customer, e.g. defective goods, will only apply to said counter-claims which arise out of the same contractual relationship with Botkier.
SHIPMENT & DELIVERY
Botkier.com offers free UPS ground shipping within the 48 contiguous states of the United States on all orders exceeding the value of $100.
Risk of damage to or loss of goods passes to the Delivery Service and Customer once the goods leave our warehouse and a tracking number is provided. Botkier does not assume responsibility for lost or stolen packages.
Where goods are supplied for export, the Customer is responsible for complying with any and all import regulations and in the country of destination and for paying any import duties.
Date of delivery shall only be taken as an indication, conditions of shipping and transport are not guaranteed.
Terms of delivery shall only commence upon the Confirmation of Order’s receipt and any necessary domestic or foreign certificates have been acquired and/or produced by Customer.
The customer is obligated to accept partial deliveries. Variations in size, weight and quality are permissible in accordance with the respective industry norms or, where such products are not covered by industry norms, in accordance with Botkier’s customary practices.
Botkier reserves the right to refuse or cancel any order placed by a customer. Botkier may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Botkier may also cancel orders that in its sole judgement believe to be fraudulent. In the event that an order is canceled, Botkier may attempt to notify the Customer by contacting the email and/or phone number provided at the time of the order. Botkier reserves the right to limit, or prohibit orders that appear to be placed by dealers, resellers or distributors.
Within the United States, different state and local government tax laws apply depending on jurisdictions with which we do business. We follow the laws of each state, and the Site will automatically calculate the tax rate relevant to your shipping address.
Botkier makes no warranties whatsoever. Botkier hereby disclaims all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability and/or fitness for a particular purpose, and/or any implied warranties arising from any course of dealing, usage, and/or trade practice.
Botkier is not liable for loss of profits, use, and/or any other direct, incidental, consequential, and/or exemplary damages - for any reason.
Any and all claims against Botkier – regardless of the legal reason – shall be barred and effectively waived six (6) months after discovery.
Customer acknowledges, agrees and warrants: Customer’s purchase of Botkier’s good(s) and product(s) is for Customer’s sole benefit and not the benefit or any third party nor re-importation into the United States.
Botkier retains all titles (including, without limitation intellectual property rights) and interest in any materials information and content not expressly granted licenses for herein and no implied rights or licenses are granted herein.
All rights not expressly granted herein are reserved, as such there are no implied rights in law or equity that may be applied to this License and issues stemming therefrom. BOTKIER® is a registered trademark of Trebbianno llc, all rights reserved.
Nothing herein will be deemed to create a joint venture, partnership, franchise or any other type of business association between the Parties.
No waiver, amendment or modification of these Terms shall be valid, enforceable or binding upon Botkier unless expressly agreed to in writing prior by Botkier.
Any notice shall be made via Federal Express, United Parcel Service, Certified Mail, Registered Mail, return receipt requested.
If any provision herein is invalid, illegal, or incapable of being enforced by reason of any rule of law, statute, regulation, or public policy, then the invalid, illegal or otherwise inappropriate part of such provision shall be deemed deleted, ab initio, and revised to the extent legally permissible to reflect the original intention of the parties and, to the extent reasonably possible, the remainder of such provision and all other provisions of this Agreement shall nevertheless remain in full force and effect. The same shall apply in case of gaps in the contract.
If Customer breaches a term hereof, or unsuccessfully brings action against Botkier, Customer shall pay the Botkier’s costs and expenses, including attorney’s fees.
Any and all claim(s) or cause of action arising out of or related to Botkier must be filed within six (6) months after such claim or cause of action arose or is forever barred, both at law and in equity.
Botkier shall not endorse and be responsible for the accuracy or reliability of statements made by third parties, including, but not limited to blog posting and comment posting.
Customer expressly agrees that any litigation concerning Botkier, it’s good(s) or products(s) shall be controlled by New York law without application of Conflict of Law provisions as well as venued in a Court in New York County, New York State. Copyright Trebbianno llc. All Rights reserved.
Latest Update Date: January 2020