BOSS International. ("Company") and/or its licensors make information, products, and services available on this website (the “Web Site”), subject to the following terms and conditions ("Terms"). If you would like to view more information about the Company, or would like to contact us in relation to the Web Site, please visit www.bossintl.com
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE WEB SITE.
Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Web Site or by other reasonable means selected by us. Your continued use of the Web Site after such changes will indicate your acceptance of such changes.
If you are using this Web Site on behalf of a corporation or other legal entity, you represent that you are authorized to accept these Terms on behalf of such corporation or other legal entity. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Web Site under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Web Site or transmit or otherwise submit personally identifiable information to Company.
The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may view and download a single copy of the Material on this Web Site solely for your personal, noncommercial use, but you may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2: Company's Liability
The Material and Web Site may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or Web Site or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and Material and may be made at any time. In addition, Company reserves the right to alter product offerings and specifications at any time without notice.
COMPANY DOES NOT WARRANT THAT THE WEB SITE OR MATERIAL WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS (COLLECTIVELY, “SUPPLIERS”), AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, MAKE NO REPRESENTATIONS ABOUT THE WEB SITE, MATERIAL, OR ANY PRODUCTS AND/OR SERVICES CONTAINED OR REFERENCED THEREIN FOR ANY PURPOSE. THE COMPANY AND ITS SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, MATERIAL OR ANY PRODUCTS AND/OR SERVICES CONTAINED OR REFERENCED THEREIN.
Your submission of information through the Web Site is governed by Company's Privacy Policy, which is located at www.bossintl.com/privacy_policy_statement.html (the “Privacy Policy”) and is hereby incorporated into these Terms by this reference. Generally, any communication which you post to the Web Site is considered to be non-confidential. By posting communications to the Web Site, you automatically grant Company and its Suppliers a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You represent and warrant that any information that you provide in connection with your use of the Web Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Company may terminate your use of the Web Site. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 4: Disclaimer of Consequential Damages
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEB SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEB SITE, ANY SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS WEB SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, COMPANY, ITS SUPPLIERS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR FROM ANY SOFTWARE, MATERIALS AND/OR OTHER CONTENT POSTED ON THE WEB SITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEB SITE IS TO STOP USING THE SITE. UNLESS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE SOFTWARE LICENSE AGREEMENT, THE AGGREGATE LIABILITY FOR COMPANY AND ITS SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100.
Section 5: Links to Other Sites
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Company does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Certain software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
A "Forum" means a discussion group, chat area, bulletin board, news group, feedback, letter to Company, its webmaster or employees, e-mail function or other interactive functionality offered as part of this Web Site.
Information on Company’s Forums may be provided by Company, its Suppliers or by third party Users of the Web Site. Please note that Users may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. Company, its Suppliers and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, Company, its Suppliers and each of their directors, officers, employees, agents and representatives are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will Company, its Suppliers or any of their directors, officers, employees, agents and representatives, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company, its Suppliers or any of their directors, officers, employees, agents and representatives.
In addition, Company, its Suppliers and each of their directors, officers, employees, agents and representatives have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of the Web Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE WEB SITE, YOU DO SO AT YOUR OWN RISK.
You agree to defend, indemnify, and hold harmless the Company, its Suppliers, and each of their officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Web Site and/or Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and may, at its sole option and discretion, assist you, at your expense, in defending any such claim, suit or proceeding. The foregoing indemnities shall survive expiration or termination of these Terms.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials (including Software).
You agree that Company may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Web Site and any account(s) you may have in connection with this Web Site, including if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Web Site will immediately cease. You agree that any termination of your access to or use of the Web Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company, its Suppliers and each of their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to the Web Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2, 3, 4, 8, 9, 10 and 11 shall survive any expiration or termination of these Terms.
The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the U.S.A., without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Software License Agreement or Company’s Privacy Policy, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. If there is any conflict between a particular Software License Agreement, Company’s Privacy Policy and these Terms, the applicable Software License Agreement or Privacy Policy shall prevail with respect to the subject matter of such conflict. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.