Bokoo Covers :: Terms and Conditions of Use of Website

Acceptance of Terms Through Use

This web site located at www.bokoocovers.com , or as otherwise designated from time to time (the "Web Site") is owned by and maintained by or for Bokoo Corporation (hereinafter, "we", "us" or "Bokoo"). By using this Web Site you agree to be bound by this Terms and Conditions of Use Policy (the "Policy"). If you do not agree with this Policy please do not use this Web Site.

We reserve the right to modify, improve or change this Policy, without limitation, including the information, names, images and look-and-feel described herein, or the products and services referred to within at any time, with or without notice. Your continued use of this Web Site following the posting of any changes to this Policy will indicate you accept such changes. Therefore, you are encouraged to review this Policy each time you use this Web Site in the future.

Use of the Web Site

You may use this Web Site only as permitted by this Policy. You agree not to modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the materials, trademarks, service marks, trade names, page headers, custom graphics, buttons, images, Bokoo logos, copyrighted materials, or other proprietary information, including, but not limited to the text, software, photos, video, graphics, music and sound (collectively referred to herein as the "Content") contained in this Web Site or any portion thereof. You further agree not to use the Web Site for any commercial purpose.

This Web Site, as well as any Content or similar material located on the Web Site are subject to trademark, copyright, patent and/or other proprietary and intellectual property protections, rights and/or licenses held by us or our subsidiaries and affiliates, and the use thereof is strictly prohibited, except as authorized by us in writing. Other Content used on this Web Site is the property of each of their respective owners. Internal reproduction of the Web Site is permitted only to the extent necessary to allow you to utilize the Web Site in accordance with this Policy. Permission is granted to electronically copy and print hard copies of pages from the Web Site solely for personal non-commercial purposes, such as record keeping, and any such copies must bear the copyright notice included on each web page. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You shall not interfere or disrupt any servers or networks related to the Web Site, or attempt to obtain unauthorized access thereto. Any use of the Web Site or reproduction, distribution or transmission of Content other the than the uses permitted by this Policy is strictly prohibited.

We reserve the right to terminate your access at any time to the Web Site, with or without notice, for commercially acceptable reasons or in the event of your breach or anticipated breach of this Policy.

As part of your permitted use of the Web Site, you hereby grant to Bokoo a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, perform and publicly display any message posted on this Web Site and/or any e-mail sent by you to us (in whole or in part), and/or to incorporate same in other works in any form, media or technology now known or later developed. By submitting information to the Web Site you irrevocably transfer and assign to us any copyrights, "moral rights" or any other rights you may have in such materials.

Account Information

In order to access your Account(s) on-line you may be required to complete an On-line Application (the "Application"). We reserve the right in our sole discretion to deny on-line access to any person. All of the information that you provide to us in your Application must be complete, accurate and when necessary updated. Your failure to provide us with complete, accurate and updated Account information shall constitute a breach of this Policy, which may result in the immediate suspension or termination of on-line access to your Account(s).

Once we grant you on-line access to your Account(s) you will be asked to select a password which you shall be responsible for maintaining the confidentiality of, and which you shall not reveal to any person or entity. If you become aware that your password has been disclosed, or if you know of or suspect any unauthorized use(s) of your Account(s) and/or Password you understand and agree that you are fully responsible for any damages either of us may incur and you must immediately notify us via e-mail at info@bokoocovers.com, If we reasonably believe that security has been breached, we may change the password without prior notice. You hereby authorize us to consider any access to this website and your information to be authorized access unless you advise us in accordance with the above.

All of your non-public personal financial information (i.e. your personal contact information, account balances, transaction amounts and other financial data) contained on this Web Site will be treated by us as private and confidential. We are also concerned about the security of your non-public personal financial information, and we have taken certain steps to protect such information. For more information on your privacy or on security as related to this Web Site and/or your Account(s) please refer to our Privacy Policy.

In the event we ask, you agree to provide us with all the information we require in relation to any transaction you conduct through Bokoo, including, but not limited to the nature of the transaction and the origin of any funds. We reserve the right to object and reject any transaction in instances when the source of funds, the nature of the transaction or any other information we request is not provided, or is not satisfactory to us, and we will not be required to indicate our reason for the rejection.

Accuracy of Information, Links and International Use

While we make every effort to include accurate and up-to-date information on this Web Site, we make no representations as to the accuracy, timeliness or completeness of that information. This Web Site may include publications with technical inaccuracies, omissions or typographical errors that will be corrected as they are discovered, at our sole discretion. Also, corrections and changes are periodically made to the information contained in this Web Site, and these corrections and changes may be incorporated into this Web Site at a later date.

From time to time we may incorporate links to other web sites within this Web Site, and we do not and will not review all of the web sites linked to this Web Site, if any. We are not responsible for the availability of these external web sites, nor do we endorse, or are responsible for the contents, advertising, products or other materials made available on or through any other web site.

We make no representations that the Content contained in this Web Site is appropriate or available for use in locations outside the U.S.A. If you access and/or use this Web Site from locations outside of the U.S.A., you represent and warrant that your access and use is not illegal or prohibited. If you choose to access this Web Site from outside the U.S.A., you do so at your own risk and you are responsible for continued compliance with all applicable laws and regulations.

User Indemnification

Upon our request, you agree to defend, indemnify, save and hold harmless Bokoo and our parents, subsidiaries or affiliates and each of the foregoing entity's directors, officers, employees, agents, contractors, counsel, successors and assigns from all liabilities, claims, awards, expenses, damages and judgments, including reasonable attorneys fees and costs that arise from your use or misuse of this Web Site in any manner whatsoever, including but not limited to errors or omissions with respect to the information provided by you to us and attorneys fees and costs to enforce collection of any monies due to us. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses, and you agree (promptly upon demand) to reimburse us for the entire amount spent by us in asserting any available defense.

DISCLAIMER OF WARRANTIES

THIS WEB SITE AND ALL CONTENT INCLUDED OR AVAILABLE HEREIN ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR CORRECT. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ARE ENCOURAGED TO CONTINUE TO VERIFY YOUR TRANSACTIONS CONDUCTED VIA THIS WEB SITE ON YOUR WRITTEN BOKOO STATEMENTS. CERTAIN JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING DISCLAIMERS OF WARRANTIES.

LIMITATION OF LIABILITIES

UNDER NO CIRCUMSTANCES SHALL BOKOO, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, AND EACH OF THE FOREGOING ENTITY'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS WEB SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BOKOO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE) BOKOO'S SOLE LIABILITY IS WITH RESPECT TO DIRECT DAMAGES INCURRED, AND FURTHERMORE THE ENTIRE LIABILITY OF BOKOO TO YOU IN THE AGGREGATE SHALL NOT EXCEED THE AMOUNT DEPOSITED WITH BOKOO AT THE TIME DAMAGES WERE INCURRED. YOU MAY BRING NO CLAIM AGAINST BOKOO MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES BOKOO'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW THEREUNDER. CERTAIN JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATION OF LIABILITIES.

Certain Additional Legal Information and Terms

If a translation of this Policy is available from us the English language version of this Policy constitutes the only definitive and legally binding version of this Policy, and in the event of any inconsistency between a translation and the English version, this English language version shall control.

This Web Site and/or Bokoo have a physical presence in Miami-Dade County, Florida, U.S.A. By accessing this Web Site, you and Bokoo both agree that the laws of the State of Florida and of the U.S.A. will govern all matters relating to this Policy and this Web Site, without giving effect to any of the conflict of laws principles thereunder. You and Bokoo also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state Courts located in and for Miami-Dade County, Florida U.S.A. You further agree not to raise the defense of forum non-conveniens in any litigation that may result here from. The prevailing party in any action to interpret or enforce any of this Policy shall be entitled to receive reasonable attorneys' fees and costs from the non-prevailing party in addition to any other relief it many be entitled to. BOTH YOU AND BOKOO HEREBY AGREE TO WAIVE ALL RIGHTS TO TRIAL BY JURY.

Any failure by us to enforce any of our rights under this Policy or applicable laws shall not constitute a waiver of such rights. If any provision or portion of such provision shall be deemed unlawful or unenforceable by a Court of competent jurisdiction, then that provision or portion of such provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions hereunder. You agree that you have had an adequate opportunity to review and ask questions about this Policy, and that the text of this Policy will not be construed in favor or against either party because we drafted this Policy. This Policy contains the entire agreement between you and Bokoo relating to the matters contained herein.

In accordance with the Electronic Signatures in Global and National Commerce Act, but notwithstanding any other applicable Florida statute, regulation, or other rule of law, including enactment of the Uniform Electronic Transactions Act by such state, any affirmative act by you, including, but not limited to your use of this Web Site and/or your access to your booking(s) indicate acceptance of the terms and conditions contained herein as conveyed by means of a digital signature, electronic mail, internet communication or other similar authentication and shall be fully valid, binding and enforceable, conveyed with the full power and authority to make the representations and warranties contained herein.