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Terms & Conditions

This website www.bodybrew.com (the “Website”) are operated by Bean Logik LLC a Washington LLC, dba BodyBrew (“BODYBREW”) and is governed by the following terms of use (“Terms”). Please carefully review these Terms. Using and/or visiting the Website constitutes your acceptance of these Terms and your agreement to be bound by the same.

USING THE BODYBREW WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF FOR ANY REASON YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.

DISCLAIMER OF WARRANTY

The Website and all materials on the Website are provided on an “As Is” basis without warranties of any kind, either express or implied. While we strive to keep the information accurate and up to date, BodyBrew makes no claims, promises or guarantees about the accuracy, reliability, completeness, or adequacy of the information provided. BodyBrew disclaims all liability for errors, inaccuracies or omissions that, from time to time, may be contained on the Website.

LIMITATION OF LIABILITY

YOU USE THIS WEBSITE IS AT YOUR SOLE RISK AND ITS USE IS PROVIDED ON AN “AS IS” BASIS. BODYBREW RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BODYBREW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THIS WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE ERROR FREE AND UNINTERRUPTED; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, YOU DO SO AT YOUR OWN RISK AND DISCRETION. YOU WILL BE RESPONSIBLE SOLELY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

To the full extent permitted by applicable law, BodyBrew, its affiliates and employees will not be liable for any loss or damage of any kind arising from or related, directly or indirectly, to the use of, or inability to use, either the Website or any information, content or other materials contained therein, including, but not limited to, general, indirect, special, incidental, consequential, exemplary or punitive damages, even if BodyBrew had been advised of, knew or should have known of the possibility of such damages. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of BodyBrew, its affiliates and employees shall be limited to the amount paid by you to BodyBrew, if any, for accessing the Website. At no time and in no event shall BodyBrew or its employees’ total liability to you for all damages in any one or more causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you to BodyBrew, if any, for accessing the Website.

IN NO EVENT SHALL BODYBREW BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE. BECAUSE SOME JURISDICTIONS OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INTELLECTUAL PROPERTY

Unless otherwise noted, the Website and all materials contained on the Website including product names, details, descriptions, photographs and illustrations (the “Contents”) are the sole property of Bean Logik LLC and/or its licensors. The Contents are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws and may not be reproduced, republished, transmitted, distributed or used on any other website without Bean Logik LLC’s prior written consent.

NO ILLEGAL OR IMPROPER USE

You may not use the Website or any Contents for any illegal or improper purpose. You agree to indemnify and hold harmless BodyBrew, its affiliates and employees for any investigation, defense, settlement or legal proceeding arising out of or relating to your illegal or improper use of the Website and/or the Contents.

PRIVACY POLICY

BodyBrew respects your privacy and has developed a Privacy Policy to inform you about our privacy practices. BodyBrew’s Privacy Policy, available at http://www.bodybrew.com/privacy, is incorporated herein by reference.

THIRD PARTY CONTENT

The Website may contain links to third-party websites that are not owned or controlled by BodyBrew. BodyBrew has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. By using the Website, you expressly release BodyBrew from any and all liability arising from your use of any third-party website.

In addition, the Website may contain third-party material, including, but not limited to, product reviews and customer comments. Each third party is solely responsible for the material that they post on the Website. When reviewing third-party material included on the Website, please be aware that such material is solely the opinion of the third party and that the third party may or may not be an independent, unbiased individual qualified to provide such material. BodyBrew takes no responsibility, and assumes no liability, for any third-party material posted on the Website.

CONTENT OR MATERIAL YOU SUBMIT

You agree and acknowledge that you are responsible for any submissions you make, including but not limited to the appropriate nature, reliability, originality, legality, and copyright of any material. You may not transmit or post to this Website any content that is obscene, threatening, libellous, defamatory, or invasive of privacy or publicity rights. BodyBrew assumes no liability or responsibility which may arise from such content, including but not limited to claims for obscenity, profanity, libel, defamation, slander or r misrepresentation.

Any communication, material or content transmitted by you to this Website will not be treated as confidential. Any concept ideas or other materials submitted or transmitted by you to BodyBrew may be used by BodyBrew in any manner, including transmission, reproduction, broadcast or publication without compensation.

ACCURACY OF CONTENT

Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, BodyBrew makes no warranties as to its accuracy.

COLORS

We have made every effort to display the colors of our products as accurately as possible on this Website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

PURCHASES

BodyBrew reserves the right to cancel or refuse to fulfill any order at anytime. If we cancel or refuse to fulfill an order, we will issue you a refund and attempt to contact you at the contact information provided to BodyBrew at the time the order was placed.

GOVERNING LAW

This Website and its content herein has been designed to comply with United States law. BodyBrew does not represent that the website content is appropriate for countries other than the United States. If you access this Website from other countries other than the United States, you are responsible for complying with all applicable local laws.

CHOICE OF LAW/VENUE

This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located within the County of Clark, State of Washington.

SEVERABILITY OF PROVISIONS

If any provision of these Terms shall be deemed invalid, void or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

MODIFICATIONS

BodyBrew reserves the right to modify the Website or these Terms at any time without notice. Any such changes will be effective immediately. It is your responsibility to regularly review these Terms to inform yourself of any changes. Your continued use of the Website after any changes to these Terms constitutes your consent to the changes.

LOST OR STOLEN PACKAGES

We are not responsible for packages once they are in the position of the shipping carrier. Claims for lost or stolen packages must be made directly with the shipper.

LINKS

This website may be linked to other websites, however, BodyBrew does not certify, endorse, approve or sponsor any linked Websites unless specifically stated therein. BodyBrew does not control or own third party linked websites and is not responsible for any content of any Website linked to this Website. Be advised that linking to other Websites is entirely at your own risk.

ADDITIONAL DISCLAIMER

THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Bean Logik LLC a Washington LLC, dba BodyBrew (“BODYBREW”) agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding.

CONTACT BODYBREW

For questions or comments about the Terms and Conditions of this website, please contact us at www.bodybrew.com