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Terms of Use and Agreement
This page states the Terms and Conditions under which you, the Web Site visitor
("You") may use this Web Site (the "Web Site"), which
is owned by Borgos, LTD. These Terms of Use constitute a binding agreement
between Borgos, LTD and You.
Please read this page carefully. By using this Web Site, You certify that
You are at least 18 yearsof age, and You agree that : (i) You have read the
Terms and Conditions set forth below and You understand them; and, (ii) You
will be subject to all these Terms and Conditions. If You do not accept these
Terms and Conditions, or disagree with them, please do not use this Web Site.
BORGOS, LTD MAY, IN ITS SOLE DISCRETION, REVICE THESE TERMS AND CONDITIONS AT
ANY TIME WITHOUT ADVANCE NOTICE TO YOU; THEREFORE, YOU SHOULD VISIT THIS PAGE
PERIODICALLY TO REVIEW THESE TERMS AND CONDITIONS.
Products or services made available through this Web Site may be subject
to separate and additional terms and conditions, which you should review thoroughly
and undterstand prior to making any purchase or soliciting any service.
Your access to this Web Site, Borgosltd.com, brought to you by Borgos, LTD is
subject to the following Terms of Use, which may be updated by us from time to time
without notice to you.
If you have any questions about these Terms of Use, please contact us by
contacting Customer Service.
Borgos, LTD Privacy Policy
The personally-indentifiable information that you provide us on our website
is subject to our Privacy Policy, which is a part of these Terms of Use, incorporated
herein by reference. Please take the time to review the important information
contained in our Privacy Policy regarding our collection and use of this information.
Your Use of Borgos, LTD Web Site
You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially
exploit Borgos, LTD Web Site (or any portion of it), unless you have Borgos,
LTD's express written permission to do so. You may only use Borgos, LTD's Web
Site in accordance with these Terms of Use and all applicable laws, rules, and
regulations. In the event Borgos, LTD believes that you have failed to comly
with all terms applicable to your use of Borgos, LTD's Web Site, you agree that
Borgos, LTD has the right, in its sole discretion and without notice, to restrict
our access to Borgos, LTD's Web Site. Borgos, LTD may also, in its sole discretion
and at any time, discontinue the Borgos, LTD Web Site, or any part thereof,
with or without notice. You agree that you do not have any rights in Borgos,
LTD's Web Site and that Borgos, LTD will have no liability to you if the Borgos,
LTD Web Site is discontinued or your ability to access Borgos, LTD Web Site
is terminated.
You agree: (i) to abide by all applicable local, state, national, and international
laws and regulations in using the Web Site; (ii) not to interfere with the use
and enujoyment of the Web Site by other users; (iii) to be solely responsible
for your use of the Web Site and for the consequences of such use; (iv) not
to interfere with or disrupt the Web Site or servers or networks connected to
the Web Site; (v) to comply with all requirements, procedures, policies and
regulations posted on the Web Site by Borgos, LTD from time to time and or any
networks connected to the Web Site; (vi) that abiding by there Terms and Conditions
shall not breach any agreement with any third party; (vii) not to use the Web
Site to violate the rights (including, without limitation, privacy or intellectual
property rights) of another; (viii) not to attempt to gain unauthorized access
to other computer systems or networks connected to the Web Site; (ix) not to
collect or store personal data about other users, Borgos, LTD emplyees or Borgos,
LTD partners; and (x) not to use the Web Site in any manner that may harm minors.
Trademarks and Use of Site Material
The names, marks and logos appearing included in the Web Site Material are,
unless otherwise notied, trademarks owned by or licensed to Borgos, LTD or an
affiliated company. The use of these marks, except as provided in these Terms
and Conditions, is prohibited. From time to time, Borgos, LTD makes fair use
in this Web Site of trademarks owned and used by third parties. Any ssuch marks
are clearly noted, and Borgos, LTD makes no claim to ownership of those marks.
User Submissions
Borgos, LTD welcomes Your comments on our Web Site, products, and services.
However, You acknowledge that if You send us creative suggestions, ideas, notes,
drawings, concepts, inventions or other information, (collectively, the "Information"),
the Information shall be deemed, and shall remain Borgos, LTD's property. By
submission of any Information to us, You assign to us and we shall exclusively
own all now known or hereafter exsisting rights to such Information of every
kind and nature throughout the world, and shall be entitled to unrestricted
use of the Information for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Information.
As a user of this Web Site, You are responsible for Your own communications
and are responsible for the consequences of their posting. Therefore, do not
do any of the following things: (i) transmit to us material that is copyrighted,
unless You are the copyright ownder or have the permission of the copyright
owner to post it; (ii) send material that reveals trade secrets, unless You
own them or have the permission of the owner; (iii) send material that infringes
on any other intellectual property rights of others or on the privacy or publicity
rights of others; (iv) send material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any other person
or entity; (v) send sexually-explicit images; (vi) send advertisements, solictations
or business, "junk mail', "spam", "chain letters",
"pyramid schemes" or unsolicited mass distributions of any kind; (vii)
send any documents that contain viruses, worms, or other harmful components;
or (viii) impersonate another person.
Borgos, LTD reserves the right to expel users and prevent their further access
to this Web Site for violating these terms or the law and reserves the right
to remove any communications from this Site. The violation of any of the terms
and conditions set forth on this Legal Terms and Conditions page shall result
in the immediate revocation of Your ability to use the Site Material in Your
possession. You can be held legally liable for the content of Your communications
and You may be held legally accountable if the content includes, for example,
defamatory comments, objectionable material or material protected by copyright,
trademark, patent, or trade secret law and is used without the permission of
the author or owner.
Communications with Borgos, LTD
You consent to receipt of electronic communications from Borgos, LTD, and
agree that all agreements, notices, and other disclosures communicated to you
by Borgos, LTD electronically (whether by electronic mail, by posting at this
Web Site, or by other electronic means) satisfy an legal requirement that such
communication be in writing. Your communications with Borgos, LTD, including
transmission of order requests, constitute electronic communications.
Links
Through the Borgos, LTd Web Site, you may be able to access links to other
World Wide Web Sites. Because Borgos, LTD has no control over such sites, you
acknowledge and agree that Borgos, LTD is not responsible for, and has no liability
with respect to, the availability (or unavailability) of such sites, for the
treatment of your personally-identifiable information by such sites, or for
the information, products, content or other materials on or available from such
sites or resources. If you would like information on any other site's privacy
policy, you should contact that party directly, and we encourage you to do so.
Purchases on Borgos, LTD's Web Site
- Payment is through PaypPal or credit cards processed by PayPal. Cash, personal
checks, casheiers/certified checks, money orders, or any other form of payment will not be accepted.
PayPal will be debited at the time orders are placed. Processing and how your
credit/debit card or checking account is charged is at the sole discretion of PayPal
- Submission of your order constitues an offer by you to purchase, and Borgos, LTD reserves the
right to accept or reject your offer. AAcceptance of an offer occurs when the order is shipped.
After submitting your order, you will be shown a "thank you" screen. This is the only
confirmation you will receive that your order was submitted. You should print this screen and
keep it for your records.
- Product prices do not include any sales, use, privilege, excise, or any other tax, duty, tariff, or
assessment that may arise, and payment of any such costs are your responsibility.
- All orders will be shipped via all major mail carriers, including UPS, FedEx, and the USPS. All
goods will be shipped at your cost and expense, and shall be delivered to the shipping address in
your order. Risk of loss and title will pass to you upon delivery of the goods to the F.O.B. point.
You will bear the risk of delay and increased cost of shipment. Currently, we can only accept
orders with a billing and shippping address within the United States. We cannot ship to other
destinations at this time. All orders placed on this Site are subject to product availability and will
be shpped according to our Site shippping terms. In the rare event that your order never arrives,
we must receive notification of the lost items via email (as provided in our shipping terms) within
sixy (60) days of receipt of the shipping confirmation email.
- All sales made through this Site are subject to Borgos, LTD Return Policy.
- Should you have questions regarding your order or charges to your PayPal
account or credit card by Borgos, LTD, contact Customer
Service.
COUPONS
If using a coupon code, it must be entered during checkout in the designated Coupon Code field to redeem
the respsective offer. Coupons may not be combined with other coupons or promotional offers, are limited
to one per transaction, and may not be redeemed for cash, credit or refund. Borgos, LTD reserves the
right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping
charges.
CHILDREN
The safety of children is very important to us. Consequently, Borgos, LTD
does not knowingly or intentionally collect information from person under 13
years of age without parental consent. If you are under 13 and wish to purchase
items from our Site or wish to procide personal information, ask a parent or
guardian for assistance. Borgos, LTD cannot prohibit minors from visiting our
Site and must rely on parents and guardians to decide which materials are appropriate
for children under 13.
PRODUCT DISPLAY AND COLORS
This site attempts to display product images as accurately as possible. However,
we can not guarantee that the color you see matches the product color. Note
that the display of color may depend, in part, upon the monitor you are using.
Sales Tax
Because Borgos, LTD is based in North Carolina, North Carolina sales tax
must be collected as required by law.
Disclaimers
You acknowledge and agree that:
- YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR WEB
SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BORGOS, LTD EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. Because our Web Site is provided to you "AS IS," you agree
that Borgos, LTD shall not be liable to you or to any third party for any delay in delivery
of, or failure to deliver, any of your communications or other information you submit using
our Web Site. Because our Web Site is provided to you "AS AVAILABLE," you agree that Borgos,
LTD shall not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Borgos, LTD Web Site or of your ability to access it.
- Borgos, LTD also disclaims any warranty that: (i) our Web Site will meet
your requirements, (ii) our Web Site’s operation will be uninterrupted,
timely, secure, or error-free, and (iii) any information or communication that
may be obtained from the use of our Web Site will be accurate or reliable (and
Borgos, LTD disclaims any liability for damages that may arise from your reliance
on any such information or communication) or are free of viruses or other harmful
components.
- You assume the full responsibility and risk for any damage to your computer
or other consequences that result from your downloading any information, software,
or other materials through our Web Site. Borgos, LTD shall have no liability
for any damage to your computer, including loss of data that results from your
downloading any such materials.
- Borgos, LTD shall not be responsible for any order request if it is received
in an unintelligible or garbled form. However, Borgos, LTD will make reasonable
efforts to notify the sending party (if the sending party is identifiable from
the received order request) that the order request was unintelligible or garbled.
Some states do not allow the disclaimer of implied warranties, so this
provision may not apply to you.
Limitation of Liability
YOU AGREE THAT BORGOS, LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA
(EVEN IF BORGOS, LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT
RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE BORGOS, LTD WEB SITE; (b)
THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH THE BORGOS,
LTD WEB SITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION
OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (d) REPRESENTATIONS OR CONDUCT
OF ANY THIRD PARTY RELATED TO THE BORGOS, LTD WEB SITE, INCLUDING OUR ADVERTISERS
AND BUSINESS PARTNERS; OR (e) ANY OTHER MATTER RELATING TO THE BORGOS, LTD WEB
SITE. Some states do not allow the limitation of liability, so this provision
may not apply to you. You agree that any action brought arising out
of or relating to these Terms and Conditions or Your use of the Web Site shall
be filed within one (1) year of the date of the alleged injury, regardless of
any statute of limitations.
Indemnity
You agree to defend, indemnify, and hold Borgos, LTD harmless from and against
all losses, costs, damages, liabilities, and expenses (including reasonable
attorneys’ fees, court costs, and other litigation and arbitration expenses)
(“Losses”) related to or arising from: (a) negligent acts or omissions
or intentional misconduct with respect to your use of the Borgos, LTD Web Site
or goods purchased from the Borgos, LTD Web Site; or (b) claims for infringement
of the proprietary rights of any third party resulting from your use of the
Borgos, LTD Web Site or goods purchased from the Borgos, LTD Web Site in violation
of these Terms of Use.
Term and Termination
By accessing and using the Borgosltd.com website, you agree that your access
to and use of this website is subject to these terms and conditions, as well
as all applicable laws, as governed and interpreted pursuant to the laws of
the state of North Carolina, United States of America. Borgos, LTD also reserves
the right to terminate its relationship with you at any time. Upon termination
of these Terms of Use, you shall immediately cease accessing the Borgos, LTD
Web Site except to the extent necessary to effectuate any of your obligations
or rights arising under any orders that are intended to continue beyond such
termination. In the event collections proceedings or legal action become necessary,
you agree to pay all of Borgos, LTD’s costs and fees incurred, including
attorney's fees.
General
You agree that these Terms of Use describe the entire agreement between us
with respect to its subject matter. The Borgos, LTD Web Site was created and
is operated under the laws of the State of North Carolina. The laws of the State
of North Carolina will control the Terms of Use provided in these Terms and
Conditions, without giving effect to any principles of conflict of laws. Any
cause of action arising out of these Terms of Use shall be determined in the
federal and state courts sitting in the State of North Carolina. If a court
of competent jurisdiction finds that any provision of these Terms of Use is
invalid or unenforceable, we both agree that the other provisions of these Terms
of Use will remain in full force and effect.
You agree that regardless of any applicable law to the contrary, you cannot
file a claim or cause of action arising out of or related to the Borgos, LTD
Web Site or these Terms of Use more than one (1) year after such claim or cause
of action arose.
Borgos, LTD will not be liable to you or be deemed to be in breach of its
obligations hereunder for any delay or failure in performance caused by acts
beyond Borgos, LTD’s reasonable control, including, without limitation,
acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes,
mechanical breakdown, shortages or delays in obtaining supplies, materials,
labor, or transportation, interruption of utility services or the Internet,
acts of any unit of government or any governmental agency, or any similar or
dissimilar cause.
ND: 4833-8337-5107, v. 1
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