Welcome to the Bogew website. By accessing or using our website, purchasing our products, or using our services, you agree to be bound by these Terms of Use. Please read these terms carefully before using our website or services.
1. Acceptance of Terms
By accessing or using the Bogew website (the "Site"), purchasing our products, or using any of our services, you agree to be bound by these Terms of Use, our Privacy Policy, and any additional terms that may apply to specific products or services. If you do not agree to these terms, please do not use our Site or services.
2. Changes to Terms
We reserve the right to modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting on the Site. Your continued use of the Site following any modifications indicates your acceptance of the modified terms. We will make reasonable efforts to notify you of significant changes to these terms.
3. Use of the Site
3.1 Eligibility
You must be at least 18 years old to use our Site, purchase our products, or use our services. By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements.
3.2 Account Registration
Some areas of our Site may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
3.3 Prohibited Conduct
You agree not to use our Site for any purpose that is unlawful or prohibited by these Terms of Use. Prohibited conduct includes, but is not limited to:
- Using the Site in any manner that could disable, overburden, damage, or impair the Site
- Using any robot, spider, or other automatic device to access the Site
- Introducing any viruses, Trojan horses, worms, or other harmful material to the Site
- Attempting to gain unauthorized access to secured portions of the Site
- Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
- Collecting or harvesting any personally identifiable information from the Site
- Using the Site for any commercial solicitation purposes without our prior written consent
4. Intellectual Property
4.1 Ownership
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Bogew, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms of Use. You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as necessary for your personal use of the Site
- 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 materials from the Site
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site
4.3 Trademarks
The Bogew name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bogew or its affiliates or licensors. You may not use such marks without the prior written permission of Bogew.
5. Products and Purchases
5.1 Product Information
We strive to provide accurate information about our products on the Site. However, we do not warrant that product descriptions, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free. In the event of any errors related to the pricing or availability of products, we reserve the right to correct such errors and revise your order accordingly, or to cancel the order and refund any amount charged.
5.2 Ordering and Payment
When you place an order through our Site, you are making an offer to purchase the products in your cart. We may, at our discretion, accept or decline your order. Once we accept your order, we will send you an order confirmation. All payments must be made using one of our approved payment methods. You represent and warrant that you have the legal right to use any payment method(s) you provide.
5.3 Shipping and Delivery
We will make reasonable efforts to ship products in accordance with the estimated delivery times provided on our Site or in your order confirmation. However, delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
5.4 Returns and Refunds
Our return and refund policy is available on our Site. By purchasing products from us, you agree to be bound by our return and refund policy as it may be updated from time to time.
6. Disclaimer of Warranties
THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Bogew DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Bogew DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Bogew MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.
7. Limitation of Liability
IN NO EVENT SHALL Bogew, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, PRODUCTS, OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Bogew HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF Bogew FOR ALL CLAIMS RELATED TO THE SITE, PRODUCTS, OR SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO Bogew DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification
You agree to indemnify, defend, and hold harmless Bogew, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or any activity related to your account (if applicable).
9. Third-Party Links
The Site may contain links to third-party websites or resources that are not owned or controlled by Bogew. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Bogew is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You are solely responsible for your interactions with any third-party websites or resources.
10. Termination
We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe violates these Terms of Use or is harmful to other users of the Site, us, or third parties, or for any other reason. In the event of termination, the provisions of these Terms of Use that by their nature should survive termination shall remain in full force and effect.
11. Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, in each case located in the City of St. Louis and County of St. Louis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Arbitration
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.
13. Waiver and Severability
No waiver by Bogew of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bogew to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
14. Entire Agreement
These Terms of Use, our Privacy Policy, and any other documents they expressly incorporate by reference constitute the entire agreement between you and Bogew with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
15. Contact Information
If you have any questions or comments about these Terms of Use, please contact us at:
Bogew
12166 Old Big Bend Rd #303
Kirkwood, MO 63122
United States
Email: legal@bogew.com
Phone: +1 (877) 203-2963