Privacy Policy

 

Effective Date:  April 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED "AMENDMENT; ADDITIONAL TERMS" SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES. 

This Privacy Policy explains the privacy practices governing information collected by (“Bohemia Products LLC” “Company,” “we,” “our” or “us”) on www.bohemiayerbamate.com (the “Site”).

At Bohemia Products LLC, we have a huge respect for your privacy. Third parties may place cookies on your browser for targeted advertising purposes. Information collected may include IP addresses, cookie identifiers and website activity. You may opt out here.

If you DO NOT agree with any part of this Privacy Policy, please DO NOT use the Site.

 

1. Information We Collect 

“Personal Information” is any information that can be used to identify you.  We collect the following categories of Personal Information:

• Identifiers:  Your name, postal addresses, email addresses, telephone numbers, other addresses at which you are able to receive communications, your login ID, or IP addresses;
• Customer Information:  We collect categories of Personal Information listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)), including your name, address, telephone number, payment information (we don’t receive this directly, but it is processed on our behalf), and information you provide so that we can provide services;
• Commercial Information:  Information related to your purchasing tendencies and order history (such as products you purchase), and areas that may be of interest to you;
• Financial Information: Information collected from you by our ecommerce provider, as needed to process payments for products and services, such as your payment card number, expiration date, and card verification number.  We do not receive this information directly;
• Network Activity Information:  Information about your browsing behavior and internet history, including data from Cookies, Pixel Tags and Web Beacons; your browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Site (including date and time); products or other pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;

We obtain the Personal Information listed above from the following categories of sources:

• Directly from you (for example, from your registration form or if you contact us directly);
• From our service partners, including Google Analytics, which automatically makes available to us your IP address and certain other information about your network activity;
• From cookies and other tracking tools (see below for more information);
• From other sources (such as third parties like business partners, sub-contractors in technical, payment and delivery services, advertising networks, and analytics providers).

2. Cookies and Do Not Track.

We may collect information about you or your use of the Site through cookies or other similar technologies.  We use this information to help us personalize your online experience or manage our advertising. The information we collect through cookies may help us understand how visitors use and engage with the Site.  If you have provided us with your Personal Information, for example, when you registered for an account or requested information from us, we may associate this Personal Information with information we have collected through cookies or other technologies.

Cookies.  A “cookie” is a file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.  Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of the Site.  When you use the Site, neither we nor any third parties collect Personal Information about your online activities, over time or across third party websites.  The Help section of your browser may tell you how to prevent your browser from accepting cookies.  To find out more about cookies, visit www.allaboutcookies.org.

 

Google Analytics.  The Site uses Google Analytics to track usage and provide analytics about activity on the Site.  Google will place its own cookies to collect traffic and activity data in order to deliver relevant metrics and information to us.  We do not share any personal information of our users, but we may share anonymized or aggregated information with Google to help us improve our Site.  Google Analytics may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

 

Do Not Track.  Currently the Site is not designed to respond to “Do Not Track” signals sent from your browser.  For more information about “Do Not Track,” please visit www.allaboutdnt.org.

 

3. How We Use Your Information

We and companies that perform business operations on behalf of the Site (“Vendors”) use and disclose information to:

• Carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

• Provide you, or permit selected third parties to provide you, with information about goods or services or information that you have requested or we feel may interest you.  If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, opt-out of transfers of your data to third parties when the opportunity is provided to you, or email us at policy@bohemiayerbamate.com 

• Notify you about changes to our service;

• Ensure that content from the Site is presented in the most effective manner for you and for your computer or mobile device;

• Administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

• Allow you to participate in interactive features of the Site, when you choose to do so;

• Help keep the Site safe and secure;

• Measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

• Make suggestions and recommendations to you and other users of the Site about goods or services that may interest you or them.

We also may use information collected as described in this policy with your consent or as otherwise required or permitted by law.

4. How We May Share Your Information

We (or our Vendors on our behalf) share your Personal Information as follows:

As required to comply with law or legal obligations, such as to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions;

• In response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate;

• In the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets;

• To combat fraud or criminal activity, and to protect our rights or those of our affiliates, users, and business partners, or as part of legal proceedings affecting the Site;

• Otherwise with your consent.

We share your Personal Information with Vendors for our own business and operational purposes, as follows:

• We share Identifiers with Vendors who send emails for us, process payments, fulfill transactions, or report or collect on debts for us;

• We share Commercial Information with Vendors who operate or manage the Site, provide advertising or marketing services, audit or track advertising impressions, or provide analytics services;

• We share Classification Information with Vendors who provide advertising or marketing services, audit or track advertising impressions, or provide analytics services, or report or collect on debts for us;

• We share Financial Information with Vendors who process payments, fulfill transactions, or collect debts for us;

• We share Network Activity Information with Vendors who operate or manage the Site, protect against and investigate security incidents, provide advertising or marketing services, provide analytics services, and with Ad-Servers to place our ads and/or ads of our merchants or Business Partners on the Site and on sites that are operated by other companies, and to analyze the effectiveness of those ads.

5. Your Privacy Choices and Access

You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, updates, emails or other communications by sending us an email at policy@bohemiayerbamate.com  or following the removal or unsubscribe instructions in the communication that you receive. 

If you wish to verify, correct, or update any of your Personal Information collected through the Site, you may contact us at the email mentioned above. 
In accordance with our routine record keeping, we may delete certain records that contain Personal Information that you have submitted through the Site. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.  In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups or other technology-related reasons.

Opt-Out Policy.  If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, or if you prefer that we do not share your Personal Information with third parties for marketing purposes, please contact us at policy@bohemiayerbamate.com . Please note that after opting out, you may still receive communications from us related to any ongoing transactional relationship we have with you, such as communications related to an order that is in process.

 

6. Links to Other Websites

The Site may contain links to other sites, maintained by third parties.  These links are provided only as a convenience to you. The Company has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies.  Links to third party sites do not constitute an assumption of liability for or sponsorship, endorsement or approval of these sites or the content contained on these sites.

 

7. Intellectual Property

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the "Service Content"). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved. 

 

8. Children

We do not knowingly collect information from children under 13 years of age.  If we learn that a child under the age of 13 has provided us with any Personal Information without first receiving their parent or guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Site.  We will then dispose of such Personal Information in accordance with this Privacy Policy. If you believe we may have any information from or about a child under the age of 13, please contact us at policy@bohemiayerbamate.com

 

9. California Privacy Rights

Under California Civil Code Section 1798.83, California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of personally identifiable information to third parties for their direct marketing purposes in the preceding calendar year (e.g., requests made in 2022 will receive information about 2021 sharing activities).  We comply with this law by giving users the ability to tell us not to share personally identifiable information with third parties for their direct marketing purposes. To make such a request, send an email to policy@bohemiayerbamate.com. We may need additional information to process your request.

 

10. Accessing our Site Globally – Transfer of Data

The Site is governed by and operated in, and in accordance with the laws of the United States.  We make no representation that the Site is governed by or operated in accordance with the laws of any other nation.  If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States.  By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

 

11. Security Measures

We use certain reasonable security measures to help protect your Personal Information.  However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Site and provide us with your information at your own risk.

 

   12. Canadian residents 

We comply with applicable Canadian privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA), in connection with processing Canadian personal information. 

We will only use your personal information for the purposes described in this privacy policy unless (1) we have obtained your consent to use it for other purposes; or (2) we are otherwise permitted or required by applicable law to use it for such other purposes. 

1. Transferring your personal information outside of Canada 

We may transfer personal information that we collect, or that you provide, to third parties (including affiliates, service providers and others) as described in sections 3, 4 & 5 above. 

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law, such as to the United States. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. You are welcome to contact us if you have questions regarding the collection, use, disclosure or storage of personal information by our service providers and affiliates outside Canada, and/or to obtain access to written information about our policies and practices with respect to service providers (including affiliates) outside Canada. 

For questions about our privacy practices, please contact policy@bohemiayerbamate.com as directed in the Contact Information section of this policy. 

1. Data Retention 

Your personal information will be kept in Canada and the United States and accessible to our employees and service providers who have a "need to know" such information for the purposes described in this privacy policy. 

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, and/or for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you, either directly or indirectly, alone or in combination with any other information. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. 

 

 13. Promotional offers

All promotional offers, sweepstakes, contests, giveaways, and other promotions ("Promotions") we may offer from time to time are subject to these Terms and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel, or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By accepting a prize or award, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you. 

 

  14. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  15. User Comments, Reviews and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries, reviews, etc) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments, reviews you make and their accuracy. We take no responsibility and assume no liability for any comments or reviews posted by you or any third-party.

 

  16. FDA Disclaimer

None of the statements made on this website have been reviewed or evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. None of the statements on this website shall be construed as dispensing medical advice. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. You should consult a licensed health care professional about potential interactions or other possible complications before using any product, especially if you are pregnant or have any pre-existing injuries or medical conditions. The Federal Food, Drug, and Cosmetic Act requires this notice. 

 

   17. Copyright Policy

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity. 

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is: 

 

BOHEMIA PRODUCTS LLC
2013 Jaffa Dr.(Suite C)  Saint Cloud, FL 34771 USA
policy@bohemiayerbamate.com 

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. 

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. 

 

  18. Choice of Law; Jurisdiction and Venue

These Terms of Use shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any permitted court legal proceedings against Company (i.e., those not subject to Mandatory Arbitration, as provided below) that may arise out of, relate to, or be in any way connected with our Website, Applications or other Services, or these Terms of Use, shall be brought exclusively in The United States District Court for the Middle District of Florida.  You waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

 

19. Dispute Resolution & Mandatory Arbitration

We each agree to first contact each other with any disputes regarding the Services (a "Dispute") and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with Disputes by contacting us at policy@bohemiayerbamate.com. We will contact you based on the contact information you have provided us. 

If after 30 days the parties are unable to resolve any Dispute raised under the previous provision, the Dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate Disputes through a court and to have a judge or jury decide their case, but they choose to have any Disputes resolved through arbitration. 

We each agree that any claim or Dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by Judicial Arbitration and Mediation Services, Inc (“JAMS") applying Florida law under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 949-224-1810. 

We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction. 

Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Notwithstanding anything to the contrary, nothing shall prohibit Company from seeking injunctive or other equitable relief. Further, as set forth below, we each agree that any arbitration will be solely between you and Company, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court. 

 

  20. No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. 

NO TRIAL BY JURY 

O THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. 

 

  21. Changes

We may update and post revisions to this Privacy Policy from time to time and will update the Effective Date when we do so.  If our Privacy Policy changes in a way that significantly affects how we handle your Personal Information, we will not use the Personal Information we currently maintain without providing you notice or obtaining your consent, where appropriate.  We encourage you to review this page for the latest information about our privacy practices. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account. 

 

  22. Indemnification

You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the "Company Parties") from and against any and all third-party claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 

 

 23. Disclaimer Of warranties - Release

(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED. (B) BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." 

 

  24. Limitation in Liability

UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR YOUR USE OR INABILITY TO USE OUR SERVICES, OR YOUR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law. 

 

  25.Termination

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Company is not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to, the intellectual property rights of Company or its licensors, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled "MISCELLANEOUS': 

 

  26. Miscellaneous 

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force. 

Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions. 

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter 

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice. 

 

28. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us by email at policy@bohemiayerbamate.com or write us at:

BOHEMIA PRODUCTS LLC
2013 Jaffa Dr.(Suite C)
Saint Cloud, FL 34771 USA