Botwizie™ supports freedom of speech, both on and off the Internet. The goal of Botwizie™ is to provide you with access to the best quality products possible. To ensure a safe, nonoffensive environment for all of our users, we have established these Terms of Service, spelling out what you can expect from us and what we expect from you.
By using any of Botwizie™ services, or by accessing any areas of our website at Botwizie.com (“Website”), you agree to be legally bound and to abide by the terms and conditions set forth below.
BOTWIZIE.COM is owned and operated by BOTWIZIE, INC., a Delaware (USA) corporation. Any references herein to Botwizie™, BOTWIZIE.COM, “we” or “us” shall be deemed to refer to BOTWIZIE.COM and/or BOTWIZIE, INC., as applicable under the circumstances.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
Note to Social Media Users.
All references in these Terms of Service to “Botwizie™”, “Botwizie.com” and/or “this Website” shall be deemed to include both this Website and any and all social media pages maintained from time to time by Botwizie™ LLC or its affiliates.
I. OUR SERVICES
Botwizie™ is a product search service only, and does not offer products for sale. All product descriptions and search results contained on our website or which you may receive as a result of a search are based on our algorithm’s review of consumer reviews and other information posted on a manufacturer’s, retailer’s or distributor’s website, on e-commerce platforms such as Amazon.com and Walmart.com, or otherwise online or through direct access to data from manufactuers, distributors, or retailers.Botwizie™does not perform an independent evaluation or review of any product for which you may search or otherwise determine the accuracy or completeness of any information access by our search algorithm. Botwizie™makes no representation or warranty about the price, quality, merchantability or suitability of any product identified by our artificial intelligence enhanced search algorithm, and assumes no liability for any product you may select using our artificial intelligence enabled search algorithm.
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on this Website or which you may receive as part of a search report is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Botwizie™ is not as described or pictured, your sole remedy is to return it to the manufacturer, distributor or retailer from which you purchased the product for a refund or exchange pursuant to its refunds and exchanges policy.
Any information contained or referenced in our Website is solely provided as an introduction to Botwizie™ and its product search services. For specific advice and instructions related to our services, please contact us directly.
II. TRADEMARKS AND SERVICE MARKS
Botwizie™ is a trademark of Botwizie, Inc., a Delaware (USA) corporation, and/or its affiliates. All rights are reserved. These and other Botwizie™ graphics, logos, service marks and trademarks of Botwizie, Inc. and its affiliates may not be used without the prior written consent of Botwizie, Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Website or in any materials relating to products are the property of their respective owners.
III. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of Botwizie™’sservices and this Website is at your sole risk. Neither Botwizie, Inc. nor its affiliates nor any of their respective officers, directors, shareholders, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this Website will be uninterrupted or error free, nor do they make any warranty as to any products you may order as a result of a search conducted on our Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website, except as expressly set forth in these Terms of Service.
Disclaimer of Warranties.BOTWIZIE™ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. BOTWIZIE™ DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH BOTWIZIE™ WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BOTWIZIE™ WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) BOTWIZIE™ OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOTWIZIE™’S SERVICES AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BOTWIZIE, INC. AND ITS AFFILIATES.
Limitation of Liability. IN NO EVENT SHALL BOTWIZIE'S AGGREGATE LIABILITY EXCEED THE PURCHSE PRICE PAID BY YOU FOR ANY PRODUCT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL BOTWIZIE™ OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH BOTWIZIE™, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH BOTWIZIE™, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF BOTWIZIE™ OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Internet Delays. USE OF THIS WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BOTWIZIE™ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Links to Third Party Sites. This Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of Botwizie™. If you choose to link to such third party web sites, Botwizie™ makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. Botwizie™ does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Botwizie™ disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.
IV. CONTENT AND COPYRIGHT OWNERSHIP
A. Copyright and Limited License
Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Botwizie™ logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Botwizie™ or its licensors or users and are protected by U.S. and international copyright laws
You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of this Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Website, the Site Materials or any information contained therein, except as expressly permitted on this Website; or (g) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of Botwizie™, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
B. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via this Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Attn: DMCA Notice
Norwalk, Connecticut 06856-0224, U.S.A.
firstname.lastname@example.org (include “copyright” in the subject line of your message)
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Botwizie™ has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Botwizie™ may also, in its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
C. Third Party Site Materials
Botwizie™ may provide third party content on this Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy orcompleteness. You acknowledge and agree that Botwizie™ is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
D. Advertisements and Promotions; Third-Party Products and Services
Botwizie™ may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such thirdparty. Botwizie™ is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Botwizie™ advertisers or third party information on this Website.
V. SUBMISSION OF IDEAS
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Botwizie™, this Website and our services (collectively, "Ideas"). Ideas, whether posted to this Website or provided to Botwizie™ by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Botwizie™ shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to this Website for noncommercial purposes (or commercial purposes if you have a separate agreement with us), provided such links do not portray Botwizie™ in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Botwizie™'s logo or other proprietary graphics to link to this Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Botwizie™ trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Botwizie™ or any third party.
Botwizie™ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to this Website. Such sites are not under the control of Botwizie™ and Botwizie™ is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Botwizie™ and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Botwizie™ of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.
In the course of providing services and information via this Website, Botwizie™may deliver to you content, materials and other information which is confidential, proprietary to Botwizie™, or which constitutes a “trade secret” of Botwizie™ (“Confidential Information”). You agree that you will hold all Confidential Information in trust for Botwizie™, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with Botwizie™ or in any other way detrimental to Botwizie™. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to Botwizie™’ services, information (whether in written or electronic form) delivered to you in the course of providing or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Botwizie™ and will co-operate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination in perpetuity
Notwithstanding any of these Terms of Service, Botwizie™ reserves the right, without notice and in its sole discretion, to terminate your right to use this Website and to block or prevent your future access to, and use of, this Website.
X. USAGE BY CHILDREN AND MINORS
Botwizie™ cannot prohibit minors from visiting this Website. Botwizie™ must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase
XI. APPLICABLE LAW
These Terms of Service and this Website are created and controlled by Botwizie, Inc., a corporation organized in the State of Delaware, U.S.A. As such, the laws of the State of Delaware, U.S.A. will govern these Terms of Service, without giving effect to any principles of conflicts of laws.
XII. DISPUTE RESOLUTION
In the event of a dispute between you and Botwizie™ (including any dispute over the validity, enforceability, or scope of this dispute resolution provision) (“Dispute”), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Norwalk, Connecticut. The decision of the arbitrators shall be final and may be entered in any court having jurisdiction, and the parties shall bear their own costs in connection with any arbitration proceeding, except that the fees of the arbitrators shall be borne equally by the parties.In the event that there is any Dispute between you and Botwizie™ that is determined not to be subject to arbitration pursuant to the preceding sentence, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Connecticut, U.S.A. in the Judicial District of Norwalk, and of the United States District Court for the District of Connecticut, for any litigation arising out of or relating to the Dispute (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in such courts, and agree not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum. You agree that this Agreement and the relationship between you and Botwizie™ shall be governed by the Federal Arbitration Act and the laws of the State of Connecticut without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
XIII. CLASS ACTION WAIVER
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
XIV. MODIFICATION OF TERMS
Botwizie™ may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Botwizie™ account or by placing a prominent notice on this Website. You are responsible for regularly reviewing these Terms of Service. Continued use of Botwizie™ after any such changes shall constitute your irrevocable and unconditional consent to such changes.
Botwizie™ may give notice by means of a general notice on this Website, or electronic mail to your e-mail address on record in Botwizie™' account information, or by written communication sent by first class mail or pre-paid post to your address on record in Botwizie™' records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction
No joint venture, partnership, employment, or agency relationship exists between you and Botwizie™ as a result of these Terms of Service. The failure of Botwizie™ to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Botwizie™ in writing
These Terms of Service, together with any applicable policies, comprise the entire agreement between you and Botwizie™ and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
XVII. FURTHER INFORMATION
For further information about these Terms of Service, or if you have questions, please contact us at:
Norwalk, Connecticut 06856-0224
E-Mail: email@example.com (include “Terms of Service” in the subject line of your message)
BotWizie.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.