Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Bottle Upcycler™, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- Without limiting any of those representations or warranties, The Bottle Upcycler™ has the right (though not the obligation) to, in The Bottle Upcycler™ sole discretion (i) refuse or remove any content that, in The Bottle Upcycler™ reasonable opinion, violates any The Bottle Upcycler™ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Bottle Upcycler™ sole discretion.
- Payment. By selecting a product or service, you agree to pay The Bottle Upcycler™ the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which bottleupcycler.com links, and that link to bottleupcycler.com. The Bottle Upcycler™ does not have any control over those non-The Bottle Upcycler™ websites and webpages, and is not responsible for their contents or their use. By linking to a non-The Bottle Upcycler™ website or webpage, The Bottle Upcycler™ does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Bottle Upcycler™ disclaims any responsibility for any harm resulting from your use of non-The Bottle Upcycler™ websites and webpages.
- Copyright Infringement and DMCA Policy. As The Bottle Upcycler™ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by bottleupcycler.com violates your copyright, you are encouraged to notify The Bottle Upcycler™ in accordance with The Bottle Upcycler™ Digital Millennium Copyright Act (“DMCA”) Policy. The Bottle Upcycler™ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Bottle Upcycler™ will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Bottle Upcycler™ or others. In the case of such termination, The Bottle Upcycler™ will have no obligation to provide a refund of any amounts previously paid to The Bottle Upcycler™.
- Intellectual Property. This Agreement does not transfer from The Bottle Upcycler™ to you any The Bottle Upcycler™ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Bottle Upcycler™. The Bottle Upcycler™, bottleupcycler.com, the bottleupcycler.com logo, and all other trademarks, service marks, graphics and logos used in connection with bottleupcycler.com, or the Website are trademarks or registered trademarks of The Bottle Upcycler™ or The Bottle Upcycler™ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Bottle Upcycler™ or third-party trademarks.
Changes. The Bottle Upcycler™ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Bottle Upcycler™ may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. The Bottle Upcycler™ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your bottleupcycler.com account (if you have one), you may simply discontinue using the Website.
- Disclaimer of Warranties. The Website is provided “as is”. The Bottle Upcycler™ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Bottle Upcycler™ nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will The Bottle Upcycler™, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Bottle Upcycler™ under this agreement during the twelve (12) month period prior to the cause of action. The Bottle Upcycler™ shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless The Bottle Upcycler™, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between The Bottle Upcycler™ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Bottle Upcycler™, or by the posting by The Bottle Upcycler™ of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Bottle Upcycler™ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.