Terms of service

Effective Date: February 2023

 

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SITE AND OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

 

Welcome to www.biewell.com. Please read the Biewell Website Terms of Service ("Terms") before using any Biewell.com website on which these terms reside ("Site"). BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE (TOGETHER WITH THE SITE, THE "SERVICES"), AND/ OR SUBMITTING INFORMATION TO US, YOU AGREE TO AND ARE BOUND BY THE TERMS, INCLUDING, BUT NOT LIMITED TO, CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, CLASS ACTION WAIVER, AND A CHOICE OF CALIFORNIA LAW. PLEASE FEEL FREE TO CONTACT US FOR AN EXPLANATION OF ANY TERMS OF SERVICES. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@biewell.com.

 

 These Terms are a binding contract between you and Biewell Co. Ltd ("Biewell", "We", "Us", and "Company"). These Terms include the provisions in this document, as well as those in the Privacy Policy. Notice: These Terms set forth important information regarding the Services provided to you and the charges, taxes, and fees we bill you. In addition, particular Services may be subject to additional terms of Service which may be posted from time to time. This may include referral programs, gift cards, promotions, and return and shipping policies applicable to certain transactions.

 

Will These Terms Ever Change?

From time to time, these Terms may be updated to reflect any changes to our Site or the Services. Your use of the Services in any way after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Biewell may, in its sole discretion, and at any time, discontinue this Site or any part thereof (including any Services), with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Biewell will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.

 

What About My Privacy?

Biewell takes the privacy of its users very seriously. Please read our Privacy Policy for more information about our information collection and use practices.

 

What Are the Basics of Using www.biewell.com?

You represent and warrant that you are of legal age to form a binding contract.

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We won't be responsible for your use of the Services in a way that violates the law.

You may sign up for an account if the function is enabled, and select a username and password ("Biewell User ID"). If you register for an account, you promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Biewell User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You agree that you will not disclose your account or password to any third party, and you must protect the security and confidentiality of your account and password. You're responsible for any activity associated with your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information that provides you access to your Biewell account. Biewell is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Please contact us immediately if you believe there has been unauthorized access to your Biewell account. Biewell is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

 

Consent to Receive Periodic Messages

As part of the Services, you may receive communications through the Services, including messages that Biewell sends you (for example, via SMS if you opt into our SMS program). When purchasing a product on the Site, you will opt in to receive our marketing emails. You will then receive a welcome message that includes instructions for stopping future messages. BY USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM BIEWELL, AND YOU REPRESENT AND WARRANT THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM BIEWELL. You agree to indemnify and hold Biewell harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing.

 

Your Use of the Services Is Subject to the Following Additional Restrictions:

You represent, warrant, and agree that you will not submit any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

• infringes or violates the intellectual property rights, right of publicity or privacy, or any other rights of anyone else (or Biewell);
• Violates any law or regulation, including, without limitation, any applicable export control laws;
• Is tortious, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of your Biewell account or anyone else's (such as allowing someone else to log in to the Services as you);
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Violates the security of any computer network, or cracks any passwords or security encryption codes, or that contains viruses or any other computer code, files, or programs which might interrupt or limit the Services;
• Runs mailist, listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service's infrastructure);
• "Crawls",  "scrapes", or "spiders" any page, data, or portion of or relating to the Services or Content (through the use of manual or automated means);
• Copies or stores any significant portion of the Content;
• Collects, stores, or posts personal information about other users or any other individual;
• Is for any commercial purpose not expressly approved by Biewelll in writing;
• Is for advertising or promotional materials or any other form of solicitation or unauthorized communication;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your use or access to the Services. Biewell may cancel your account and delete all content associated with your account at any time, and without notice, if Biewell deems that you have violated these Terms, any applicable laws, or for any other reason. Biewell assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account.

 

Limits on Purchases:

We do not authorize the purchase of our merchandise for resale purposes. To enforce this or any other policy, we may, in our sole discretion, limit or cancel quantities purchased, including without limitation, per person, per household, per account, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/ or orders that use the same billing and/ or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We also reserve the right to cease doing business with any customer who violates this policy. We may modify this policy at any time without prior notice.

 

Product Information:

All goods available on the Site are subject to change without notice and are available while supplies last. You should regularly consult the Site for updates regarding product availability.

Although Biewell has made reasonable efforts to display and describe our products and their colors and textures accurately, the displayed colors and textures of the products depend upon several factors including the user's monitor, and we cannot guarantee that the user's monitor or other factors will result in the accurate portrayal of the actual colors or textures of the products. Some items on the Site may be mispriced, or described inaccurately, and Biewell may experience delays in updating information on the Site and in our advertising on other sites. Products displayed may not yet be available, may be out of stock, or may be discontinued, and prices are subject to change without prior notice. Prices for the same product may vary between Biewell.com and retail stores or other retail websites. Biewell is not responsible for typographical errors regarding price, measurements, or any other matter. As a result, Biewell does not and cannot guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. Biewell reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

Biewell reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) improve conditions of the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

 

Prices and Payments

• Prices 

Prices are subject to change without prior notice, except that once an order is complete, pricing will not be adjusted. Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it. Biewell's acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.

• Billing

We may use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account"). The processing of payments will be subject to the terms,  conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors or any act or omission by the Payment Processor. By making a purchase, you agree to pay us, through the Payment Processor, all charges at the prices then in effect, including, without limitation, all shipping and handling charges, in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes, even if it has already requested or received payment.

• Payment Methods

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If your Payment Method is not authorized or accepted, Biewell reserves the right to cancel your order without notice and with no further liability or obligation to you. Biewell reserves the right to stop accepting credit cards from one or more issuers at any time and for any reason.

• Tax Charges

Tax charges are based on applicable federal, state, provincial, and harmonized sales tax rates based on the delivery address associated with your order. Where required by law, sales tax will also be applied to the shipping and handling charges. If you are making a purchase for a tax-exempt organization or are an individual who qualifies for a tax exemption, please contact our customer service team to verify your tax-exempt status and receive a refund of tax amounts for which you qualify, if any. All requested forms and information must be received and verified by our customer service team before a tax refund can be processed.

• Title and Risk of Loss

All products that you purchase from Biewell are subject to these Terms. All products will be deemed accepted by you upon shipment, and the risk of loss and title for such products passes to you upon Biewell's delivery of the products to the carrier for your benefit. This means that title to the products legally transfers to you, and that you bear the risk of loss of the products during shipment.

• Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.

• Change in Amount Authorized

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, a notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Occasionally, we will offer special discounts or other offers to our customers. These offers may be for a limited time and for limited products and Services only, and by taking advantage of any such offer, you are agreeing to any discount terms communicated to you through the Services.

 

Use of the Site

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, products, images, illustrations, digitally downloadable files, trademarks, logos, trade dress, packaging, product and program names, slogans, any other content and the compilation of the foregoing (all of the foregoing, the "Content") and User Submissions are protected by copyright and/ or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content and/ or User Submission you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any User Submission not owned by you or any Content,  (i) without the prior consent of the owner of such content or (ii) in a way that violates someone else's (including Biewell's) rights or these Terms. Content is the property of Biewell and its licensors.

You agree not to download, display or use any Content located on the Site for use: (a) in any publications, (b) in public performances, (c) on websites other than this Site for any other commercial purpose, (d) in connection with products or services that are not those of Biewell, and/ or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Biewell and/ or its licensors or their respective products or brands, that dilutes the strength of Biewell or its licensor's intellectual property, or that otherwise infringes Biewell's or its licensors' intellectual property rights. You further agree not to misuse any Content or third-party content (including User Submission) that appears on this Site in any other way.

You understand that Biewell owns the Services. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, it doesn't mean that all the restrictions above don't apply - they do!

 

Do I Have to Grant Any Licenses to Biewell or to Other Users?

Anything you post, upload, share, store, or otherwise provide through or to the Site is your “User Submission.” Some User Submissions may be viewable by other users. In order to display your User Submissions on the Site, and to allow other users to enjoy them (where applicable), you grant us and our licensees certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information. 

You understand that the following requirements apply to your User Submissions: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, invasive of the privacy of another person, abusive, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Biewell; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect, store, or post any content that (i) contains personal information about other users or any individual, (ii) violates the privacy/publicity of any other individual or entity, or (ii) anything that you are under a contractual obligation to keep private or confidential; (d) you will not use the Site for any commercial purpose not expressly approved by Biewell in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not impersonate any person or organization, including without limitation, the personnel of Biewell, or misrepresent an affiliation with another person or organization; and (g) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site, any computer software or hardware, or telecommunications equipment. 

For all User Submissions, you hereby grant Biewell a sublicensable, irrevocable, perpetual, worldwide, fully-paid, royalty-free license to use, translate, modify, reproduce, publicly perform or display, and distribute User Submissions, in any and all media now known or hereafter developed without the need to seek any third party permission. This license includes, without limitation, the right to host, index, cache, distribute, and tag any User Submissions, edit and revise any User Submissions (without notice), as well as the right to sublicense User Submission to third parties. This is a license only – your ownership in User Submissions is not affected. 

You represent and warrant that you own all User Submissions submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and such User Submissions, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Biewell reserves the right to remove any User Submissions you provide, in its sole discretion, without any notice to you. 

 

What if I See Something on the Services That Infringes My Copyright?

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a notification to support@biewell.com. Please include the following, as required by the Digital Millennium Copyright Act ( the “DMCA”): 

• Identify the copyrighted work(s) you claim is infringed.
• Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
• Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
• Include the Claimant’s name, address, and telephone number(s), and email address (if available).
• Include a statement that the Claimant has a good faith belief that the use of the disputed material is not authorized by the copyright owner or their agent or law.
• Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Upon receipt of an infringement notice containing all required information and the location of the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the person who posted the subject material. We will provide them with the opportunity to submit a counter-notification. A counter-notification must include the following, to be effective under the DMCA: 

• A physical or electronic signature of the person submitting the counter-notification;
• Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the material was removed or disabled due to a mistake or misidentification of the material removed or disabled;
• The name, address, email address and telephone number of the person submitting the counter-notification.

 

Who Is Responsible for What I See and Do on the Services?

You agree to use the Services and Site, and functions and features thereof at your own risk. Biewell does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Submissions. In addition, we cannot control and have no duty to take any action regarding how you may interpret and use the Content and/or User Submission or what actions you may take as a result of having been exposed to the Content and/ or User Submission, and you hereby release us from all liability for you having acquired or not acquired Content and/ or User Submission through the Site. We can’t guarantee the identity of any users with whom you interact in using the Site and are not responsible for which users gain access to the Site. 

You are responsible for all User Submissions you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Biewell. When you access third-party websites or use third-party services, you accept that there are risks in doing so and that Biewell is not responsible for such risks or the acts or omissions of any such third parties. We encourage you to be aware when you leave the Site and to read the terms of Service and privacy policy of each third-party website or service that you visit or utilize. 

Biewell has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Biewell does not verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Biewell shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 

If there is a dispute between participants on this Site, or between users and any third party, you agree that Biewell is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Biewell, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.  

Information sent or received over the Internet is generally unsecured and Biewell cannot and does not make any representation or warranty concerning the security of any communication to or from the Services or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Biewell will not be liable for any loss or damage arising from your failure to comply with these requirements. 

 

Will Biewell Ever Change the Services or the Site?

We're always trying to improve the Services and the Site, so they may change over time. We may suspend or discontinue any part of the Services or the Site, or introduce new features or impose limits on certain features or restrict access to parts or all of the Services or Site. We reserve the right to remove any User Submission from the Services and Site at any time, for any reason (including, but not limited to, if someone alleges that User Submissions may be in violation of these Terms), in our sole discretion, and without notice. 

 

What if I Want to Stop Using the Services?

You're free to stop using the Services at any time. To delete your account at any time, please contact us at support@biewell.com. Account termination may result in the destruction of any User Submissions associated with your account, so keep that in mind before you decide to terminate your account. 

Please see our Privacy Policy and the licenses above to understand how we handle the information you provide to us. 

Biewell is also free to terminate (or suspend access to) your use of the Services, the Site, or your account, for any reason at our discretion, including your breach of these Terms. Biewell has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. 

If you have asked us to delete your account in error, contact us immediately at support@biewell.com – we will try to help, but unfortunately, we cannot guarantee that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any disclaimers or limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including the arbitration agreement without limitation. 

 

What Else Do I Need to Know?

Warranty Disclaimer. Neither Biewell nor Biewell Entities makes any representations or warranties concerning the Services, including any content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or on the Site. We (and Biewell Entities) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Except as may otherwise be expressly and unambiguously disclosed in writing at the time of purchase, products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Biewell or others (unless, with respect to such others only, provided expressly and unambiguously in writing by the party offering the warranty for a specific product). THE SERVICES, SITE, AND CONTENT ARE PROVIDED BY BIEWELL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BIEWELL (OR BIEWELL ENTITIES) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, AND LOSS OF GOODWILL THAT RESULT FROM THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF BIEWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL BIEWELL OR BIEWELL ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BIEWELL IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

ANY PRODUCTS AND/ OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Indemnity. To the full extent allowed by applicable law, You agree to indemnify and hold Biewell, its affiliates, and subsidiaries, and their respective officers, agents, employees, licensors, suppliers, contractors and partners (collectively, “Biewell Entities”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees and costs) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Biewell’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. 

 

Miscellaneous

These Terms of Services and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. 

These Terms of Service operate to the fullest extent permissible by law. Biewell may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. 

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service. 

 

Feedback and Contact 

To resolve a complaint regarding the Site or to obtain further information regarding its use, please contact us at support@biewell.com.