TERMS OF SALE AND WEBSITE USE
This agreement (the “Agreement”) contains the terms and conditions that apply to your use of the website www.bolddish.com (the “Website”), as well as to your purchase(s) from Bold Dish, Inc. (the “Company”) of products and/or services, including speaking engagements when applicable (collectively the “Products”) sold in the United States and Internationally. Please read these terms and conditions carefully.
To make this Agreement easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. By checking the “I accept” box, you acknowledge that you have read, accept, and agree to comply with the terms and conditions stated in this Agreement. You further agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to the terms and conditions, you will not be able to complete your transaction.
The Company offers you access to this Website based strictly on the terms contained in this Agreement. The Company may modify this Agreement at any time at its sole discretion. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this Website and/or the placement of an order for any of our Products after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and the Company.
Effective Date: 12/7/2015
I. COPYRIGHTS & TRADEMARKS: All of the content included on this Website, including the text, graphics, videos, logos, icons, designs, screens, and configurations, is the property of the Company or its licensors and is protected by U.S. and international copyright and trademark laws. All content of the Products sold on this Website, including the text, graphics, logos, icons, designs, and configurations of the Products, is the property of the Company and is also protected by U.S. and international copyright and trademark laws. You do not acquire any ownership rights by printing, downloading, otherwise saving any information, or using this Website. Likewise, you do not acquire any ownership rights to the content of the Products purchased from the Company. Any use of the content of the Products or the content on this Website other than for the express intended use of products and services provided, including reproducing, modifying, selling, distributing, transmitting, replicating or public exhibition, in whole or in part, is strictly prohibited. Bold Dish® is registered United States trademark of Bold Dish, Inc.
A. Price and Payment Terms. Your total price for the Products will be stated on your order receipt. Terms of payment are within the Company’s sole discretion, and unless otherwise agreed to by the Company, payment must be received by the Company prior to Company’s acceptance of an order. Payment for the Products must be made by credit card, debit card, or some other prearranged payment method. Orders are not binding upon the Company until accepted by the Company, and the Company reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the Products is a mistake. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.
B. Shipping and Title. The Company will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. Company will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including shortage of inventory, labor strikes, transportation failure, or acts of God.
C. Inspection of Products Upon Receipt. You must examine the Products when you receive them. If any item, or any part thereof, is damaged or missing, you must notify the Company at once. The Company will not consider any claim for damaged or missing items more than fifteen (15) days from the date of delivery.
D. Products. Company may revise, modify, and discontinue Products, or any content contained within at any time.
E. Return & Exchange Policy. The Company offers no returns for its Products. However, the Company may, in its sole discretion, exchange Products or portions of a Product, in the event that there is physical damage to any of the Products upon arrival. Any exchanges will be made in accordance with Company’s exchange policies in effect on the date of the exchange. If the Product(s) you purchased from the Company are physically damaged upon arrival, you may return them to the Company up to thirty (30) days from the date of the invoice for an exchange. To exchange Products, you must call Company Customer Service at (904) 880-7274 or email firstname.lastname@example.org to receive an Exchange Authorization Number. You must ship the Products to the Company in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Any returned Product shipped C.O.D., with or without a Return Authorization Number visible on the exterior of the carton, may be refused by the Company. The Company reserves the right to refuse exchange of any Product if it determines upon inspection that the returned Product is missing any parts thereof when returned back to the Company.
IV. PROHIBITED ACTIVITIES: This Website provides you an opportunity to provide feedback and share your ideas. The Company reserves the right to remove any posts or content added by you if it determines, in its sole discretion, that such posts or content is inappropriate in any way.
A. You may not place any content on this Website that, in Website’s sole determination, is:
- Fraudulent, false, or misleading
- Illegal, abusive, or threatening
- Infringing of the copyrights and trademarks of others
- Sexually explicit
- Obscene or pornographic
- Defamatory or libelous
- Is or may be harmful to minors
- Offensive, derogatory, or disparaging
- Otherwise inappropriate, as determined by the Company
B. You may not use this Website for any commercial or political advertisements, solicitations or promotions.
C. You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this Website.
D. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Website.
E. You may not solicit passwords or other personal information from any other uses of this Website.
V. LINKS: As a convenience, this Website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Website is not endorsing any of the other sites and Website has no responsibility for the content of third party sites. You access linked sites at your own risk.
VI. EXPORT RESTRICTIONS: United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including Cuba, Iraq, Libya, North Korea, Iran, and Syria. By using this Website and/or purchasing Products, you are representing that you are not located in any of the prohibited countries and/or will not be shipping or transporting Products to any of the prohibited countries.
VII. DISCLAIMERS: THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” BASIS AND THE USE OF THIS WEBSITE, AS WELL AS THE PURCHASE OF PRODUCTS FROM THIS WEBSITE, IS ENTIRELY AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR SOLD ON THIS WEBSITE, OR THE CONTENT OF ANY PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT, AND INFORMATIONAL CONTENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBSITE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This Section shall survive any termination of this Agreement. Company reserves the right to modify its warranty at any time, in its sole discretion. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.
VIII. LIMITATION OF LIABILITY: NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, AS WELL AS ANY LOST PROFITS, LOSS OF BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF WEBSITE OR THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE, THE PURCHASE OR USE OF ANY PRODUCTS AND/OR SERVICES ON THIS WEBSITE, OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL WEBSITE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE PURCHASE AND USE OF THE PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM COMPANY NEGLIGENCE. IN ANY EVENT, COMPANY’S LIABILITY TO YOU IS LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. This Section shall survive any termination of this Agreement. 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.
IX. INDEMNIFICATION: You agree to indemnify the Company and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this Website; and (c) any violation of this Agreement.
X. APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of Florida, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Duval County, Florida shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
XI. FORCE MAJEURE: The Company will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of the Company.
XII. ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and Website and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public Agreement, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.