Terms And Conditions
Terms and Conditions of Use
This is a legal agreement (the "Agreement") between you, the individual, company or organization ("you," "your", or "Customer") and BODHE, Inc. ("we," "us" or "our"). By ordering, accessing, using or purchasing any product (collectively the "Product") through this website or related websites (collectively, the "Website"), you are agreeing to be bound by, and are becoming a party to, this Agreement. These Terms and Conditions governs your use and access to our website. If you do not agree to the terms of this Agreement, do not use our Website or order Product. Your use of this Website means that you agree to the terms and conditions of this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
Limitation of Liability
Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year of the purchase or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever. To the maximum extent legally permitted, whether or not BODHE was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. Subject to our return policy, the products are sold and delivered to you "as is" with no warranty whatsoever. Subject to our return policy, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order Product from our Website. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are using a public computer, we strongly encourage you to log out of your account at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.
You are responsible for ensuring that all information you provide on our Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process.
If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.
You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.
Any order placed by 10:00 am eastern standard time between Monday and Friday for any Standard Ground Transportation service will be processed and shipped the same business day. Orders placed after 10:00 am eastern standard time for any Standard Ground Transportation service will not ship until the next business day. Any order placed by 1:00 pm eastern standard time for Express service, Next Day or 2day delivery, will be processed and shipped the same business day. Orders placed after 1:00pm eastern standard time for Express service will not ship until the next business day. BODHE does not process or ship orders on weekends, holidays, or during severe weather conditions. Any order placed during such time will be processed and shipped the next business day. Additionally, once an order has been processed, adjustments and cancellations cannot be made.
BODHE ships within the United States, including United States territories, military FPO addresses and to select international locations. International shipments will be delivered by the postal service of the destination country. At this time, BODHE does not accept international orders on www.bodheguard.com All international orders shall be placed by emailing the Customer Relationship Department at firstname.lastname@example.org. You can access our delivery process here.
You agree to defend, indemnify and hold BODHE, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless for any liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Website or breach of these terms
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the BODHE’s business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Intellectual Property Rights
The Website, and all content appearing therein, are the sole and exclusive property of BODHE. To date, we have No licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without BODHE’s prior written consent. When you purchase or order any Product through this Website or from BODHE, you expressly agree that you do not have any license for the resale of any Product or copyrighted or proprietary image and that the resale of any Product or copyrighted or proprietary image is expressly prohibited.
You will not:
Modify copies of any Content from this Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this Website.
Access or use for any commercial purposes any part of the Website or any services or Content available through the Website.
The trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of BODHE, our affiliates, or our partners, in the United States and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates, our partners that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Terms and Conditions of Sale
Our products are not labeled for resale, and are intended for the personal use of the Customer only. Commercial resale of our products is strictly forbidden. The Customer hereby acknowledges and agrees that he or she is purchasing the Product for personal use only, and not purchasing the Product with intent to resell the Product. The Customer agrees that he or she will not use BODHE as a drop shipper and that he or she will not enter order and shipment details on our website such that we ships Products to his or her customers.
Accuracy of Information
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, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We 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, we shall immediately issue a credit to your credit card account in the amount of the charge.
If you believe that you have been billed in error, please notify our Customer Relations Department immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released BODHE from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
You agree that the Terms and any claim, dispute, action, cause of action, issue or request for relief between you and BODHE arising out of or relating to these Terms, your visit to our Website, or to products or services purchased via our Website (collectively "Disputes") will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and BODHE, our goal is to learn about and address your concerns. You agree that you will notify us about any Dispute you have with us regarding these Terms, our Website, or our products or services by contacting BODHE at email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after submission, you or BODHE may bring a formal proceeding.
BODHE is the owner of this Website and is based in the state of North Carolina in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
- No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
- Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
- Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
- Modifications. BODHE reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by us in writing, you may not amend these terms and conditions in any way.
If you have any questions regarding these Terms and Conditions, please contact us by email at firstname.lastname@example.org.