Web Usage Terms & Conditions
APOTHECARY PRODUCTS, LLC (Bamboobies)
- Overview. This Website is owned and operated by Apothecary Products, LLC. Throughout the Website, the terms “we”, “us” and “our” refer to Apothecary Products. We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms herein. By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”). Apothecary Products reserves the right to update or modify these Term at any time without prior notice. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by the terms and conditions as changed.
- Order Acceptance. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. We may also require additional verifications or information before accepting any order. We will contact you if all or part of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
- Pricing. Prices for our products are subject to change without notice. In addition, while Apothecary Products strives to provide accurate product and pricing information, pricing or typographical errors may occur. Apothecary Products cannot confirm the price of an item until after you order. In the event that an item is mispriced, Apothecary Products may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Promotions. Apothecary Products may run promotions (“Promotion(s)”) of various types from time to time. Such Promotions may be promoted or described on this Website, or may include use of the Website as part of the operation of the Promotion. All such Promotions are subject to the complete and official rules of each Promotion even if those rules are not found on this Website, and are void where prohibited, taxed or regulated. Mention of such a Promotion on this Website is not an offer to participate in the Promotion, and does not trigger any obligation to participate.
- No Product Warranty. APOTHECARY PRODUCTS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR ANY PRODUCTS OFFERED ON THIS WEBSITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- Returns and Exchanges. Unless otherwise provided, returns can be made within 60 days of purchase. All items must be unused and in their original packaging. For exchanges, return the original item and place a new order.
- Products or Services. Certain products or services may be available exclusively online through the Website. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, including on a case-by-case basis. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website 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.
- Accuracy. We are not responsible if information or tools made available on this Website are not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. Any reliance on the material on this Website is at your own risk. You agree that it is your responsibility to monitor changes to our Website.
- Information Transmittal. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- IP Rights. Unless otherwise noted, all materials (including images, text, illustrations, designs, icons, photographs, programs, video clips and written, electronic and other materials) hosted or displayed on the Website, publications generated therefrom, and the compilation (meaning the collection, arrangement, and assembly) of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Apothecary Products, one of its affiliates, or third parties who have licensed their materials to Apothecary Products. All material provided on this Website is protected under United States copyright laws and international copyright laws and treaty provisions. Apothecary Products does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws. None of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Apothecary Products.
- Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
- Third-Party Content. Certain content, products and services available via our Service may include materials from third parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and are not liable for any third-party materials, products, or services.
- Reviews, Comments, Feedback. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Apothecary Products on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Apothecary Products’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Apothecary Products of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. You acknowledge that by submitting your Comments to Apothecary Products that Apothecary Products is in no way responsible to review or investigate your submission. You further acknowledge that you and Apothecary Products may have overlapping ideas. In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that any submission to Apothecary Products will be treated as non-confidential and non-proprietary, will automatically become Apothecary Products’ property, and may be used by Apothecary Products and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services. Apothecary Products will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. Apothecary Products shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
- Prohibited Uses. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Website Security. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for your or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website; and (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Apothecary Products on this Website and other than generally available third party web browsers (e.g., Mozilla Firefox, Microsoft Explorer, Google Chrome). Violations of system or network security may result in civil or criminal liability. Apothecary Products will investigate violations and may involve, and cooperate with, law enforcement authorities in prosecuting violations.
- No Website Warranty. THIS WEBSITE IS PROVIDED BY APOTHECARY PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. APOTHECARY PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APOTHECARY PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE APOTHECARY PRODUCTS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. We do not warrant that access to the Website or use of the Website will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components.
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL APOTHECARY PRODUCTS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF APOTHECARY PRODUCTS KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL APOTHECARY PRODUCTS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend and hold harmless Apothecary Products and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
- DMCA Notice. Apothecary Products prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Website; (iii) Identification of the material on the Website 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; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) 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; and (vi) 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. Our designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the appropriate email addresses as set forth on http://www.apothecaryproducts.com/contacts. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
- Severability. If any provision of these Terms is void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
- Export and Trade Controls. You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any information provided on or pursuant to this Website except in full compliance with all United States, foreign, and other applicable laws and regulations.
- Termination. These Terms are effective unless and until terminated. You may terminate this agreement at any time, provided that you discontinue any further use of this Website. Apothecary Products may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in Apothecary Products’ sole discretion you fail to comply with any of the Terms. Upon any termination of the agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms or otherwise.
- Entire Agreement. These Terms and any policies posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Governing Law and Jurisdiction. These Terms and all aspects of the relationship between you and Apothecary Products shall be governed by and construed in accordance with the laws of the State of Minnesota. Any and all disputes, claims, and causes of action between you and Apothecary Products and/or related to these Terms shall be resolved in state or federal courts located in Minneapolis, Minnesota. You consent to the personal jurisdiction and venue of the courts in Minneapolis, Minnesota and expressly waive any objection to such jurisdiction and venue.
- Class Action Waiver. You and Apothecary Products agree to waive the right to a trial by jury and the ability to participate in a class action. You and Apothecary Products agree that any disputes shall be resolved individually and not in any class or representative capacity.
- Changes to Terms. You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.