Terms of Service

BOHEMIANWRAPS.COM

TERMS OF SERVICE AND CONDITIONS OF USE

Thank you for visiting BohemianWraps.com (the “Website”), which is owned and operated by Optimum Auctions LLC (the “Company”).  These Terms of Service and Conditions of Use (the "Terms") apply to your use of the Website and, unless otherwise indicated, your use all other websites and services linked to or accessible from the Website that are also owned or operated by the Company or the Company’s subsidiaries and affiliates. 

Where used in these Terms, “you,” “your” and similar words mean the visitor to and/or user of the Website.  Provided that you fully comply with these Terms and agree to be bound by them in all respects, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.  BY USING THE WEBSITE, YOU AGREE TO THESE TERMS IN FULL AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE AND YOU MUST LEAVE THE WEBSITE IMMEDIATELY.

Children under the age of 13 are expressly prohibited from using the Website.  By using the Website (and thereby accepting these Terms), you represent that you are over the age of 13 and are at least the age of majority in your jurisdiction (which, in most jurisdictions, is 18).  If you are not competent to enter into the contract created by these Terms (because you are a minor or for any other reason), then you may not use or access the Website.

The Company reserves the right, at its sole discretion, to change, modify, add or remove some or all of these Terms at any time and without prior notice to you.  The Terms are posted on the Website and reflect the then-existing Terms.  It is your responsibility to review these Terms periodically for any amendments to these Terms.  Your continued use of the Website following any amendments to these Terms means that you accept and agree to the amendments.   

Other written agreements may be apply to your relationship with the Company, including but not limited to the Privacy Policy, Refund Policy and the Membership Agreement.  These Terms do not replace, amend, or supersede any such other written agreement unless otherwise expressly indicated herein or in such other written agreement.

Notwithstanding your acceptance of and agreement to these Terms, your access to the Website and to any portions thereof is and will remain at the sole and absolute discretion of the Company.  The Company may temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of the Website and to any of the services provided on the Website for any reason, all at our sole and absolute discretion, with or without notice and without liability to the Company.  These Terms will continue in effect and are binding upon you even if the Website or your access to the Website is terminated or suspended. 

  1. PERMITTED USES.

Except as expressly permitted herein, you may not use the Website or its content for any purpose without our express written permission.

Except for items in the public domain or used by the Company pursuant to a license from a third party, the content of this Website is the intellectual property and/or proprietary information of the Company.  The Company, its licensors and other third parties, as may be applicable, retain all right, title, and interest in the content of this Website. 

Except as expressly permitted herein, you may not possess, use, reproduce, distribute, publish, display, broadcast, perform, adapt, translate or make derivates of the Website content.  You may not remove or modify any copyright notice or attribution of authorship.  You may not claim to own or posses any right, title or interest in the Website content or any copy, reproduction or derivative thereof. 

All of the following actions and conduct are prohibited, and you may not engage in any of the following:

  • You may not attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any server related to the Website.

 

  • You may not attempt to enter any portion of the Website by hacking, password mining or any other illegitimate means.

 

  • You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy or monitor any portion of the Website.

 

  • You many not reproduce or circumvent the navigational structure or presentation of Website.

 

  • You may not obtain or attempt to obtain any materials, documents or information through any means other than as intended by the Company.

 

  • You may not probe, scan or test the vulnerability of the Website or of any network connected to the Website.

 

  • You may not breach the security or authentication measures on the Site or any network connected to the Site.

 

  • You may not reverse lookup, trace or attempt to trace any information belonging to or concerning any other user of or visitor to the Website or exploit the Website or any service or information made available or offered by or through the Website, so as to obtain or reveal information belonging to or concerning any other user of or visitor to the Website, including but not limited to personal identification or information, other than your own information.

 

  • You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on the Company’s systems, servers or networks, or any systems, servers or networks connected to the Website.

 

  • You may not use any device, software or routine to interfere or attempt to interfere with the proper operation and function of the Website, with any transaction conducted on the Website or with any other person’s use of the Website.

 

  • You may not forge headers or otherwise manipulate identifiers so as to disguise the origin of any message or communication that you send to the Company on or through the Website. You may not claim to be another person, misrepresent your identity or impersonate any other person.

 

  • You may not use the Website for any purpose that is illegal under the laws, regulations or ordinances of any applicable jurisdiction or that infringes upon the rights of others, including but not limited the rights of the Company in and to its intellectual property.

 

  1. DISCLAIMER AND LIMITATION OF LIABILITY.

THE WEBSITE AND THE CONTENT OF THE WEBSITE ARE PROVIDED ON AN "AS IS,” “WHERE IS,” AND AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, UPTIME, RELIABILITY OR ACCURACY.  NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ARE MADE THAT THIS WEBSITE AND CONTENT WILL BE VIRUS-FREE, MALWARE-FREE OR FREE OF OTHER DISABLING CODE.  THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR THE CONTENT OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE ANY SPECIFIC OUTCOME OR PARTICULAR RESULT.

The content OF THE Website does not constitute advice, ENDORSEMENT or recommendation by THE Company OF ANY PARTICULAR PRODUCT OR SERVICE and is not intended to be relied upon by you in making (or refraining from making) OR OTHERWISE INFLUENCING any ACTIONS OR DECISIONS. 

THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS WILL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE.  YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE.  THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS WILL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE.  THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE.  YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT OF THE WEBSITE IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.  THIS LIMITATION OF YOUR RIGHTS AND REMEDIES IS AN INTEGRAL PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimers apply to all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

The Company intends, and you acknowledge and agree, that the above disclaimers are intended to be broadly construed to limit the liability of the Company.  Nevertheless, in the event that any of the above disclaimers are found to be unenforceable, then the remaining disclaimers will continue in force and effect and will be construed as broadly as possible to effectuate the intent of the parties, which is to limit the Company’s liability.

      3. INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU, AND/OR ANY ACTION TAKEN BY YOU RELATED TO THE WEBSITE OR ITS CONTENT (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS AND NEGLIGENT OR WRONGFUL CONDUCT).

  1. ACCURACY OF INFORMATION.

The Company is not responsible for any Website content that is not accurate, complete or current.  The Website content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

All descriptions, images, references, features, contents, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience only.  The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available.  It is your responsibility to determine and comply with all applicable laws, regulations and ordinances applicable to any product or service offered by the Website or purchased from the Company.

The Company has no obligation to update, amend or clarify the content of the Website, except as may be required by law.

  1. ORDERS AND BILLING.

By placing an order on the Website, you agree to accept and pay for the item(s) ordered.  Items may be ordered from the Website for personal purposes only and not for resale or further commercial distribution. 

The Company may charge your credit card or other payment method immediately upon placing the order.  The Company may request a pre-authorization for credit card or debit card purchases.  Your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.

Your purchase will appear as BOHEMIAN WRAPS on your credit card statement.

You must provide complete, truthful and accurate billing information.  The Company reserves the right to request additional information as may be necessary for the Company to determine, in its sole and exclusive discretion, the completeness, truthfulness and accuracy of any information provided by you. 

Your purchase price will include the price of the product ordered plus any applicable sales tax.  Sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.  The Company makes no representations or warranties regarding the imposition of use tax in connection with any purchase made on the Website and will not be liable for any such use tax or for your failure to report and/or pay any such use tax.  You are responsible for determining whether use tax may be due in your jurisdiction, and, if necessary, reporting and/or paying such use tax.

Most of products ordered from the Website ship within 3-5 business days via priority mail with a tracking number, unless otherwise stated on the product page.  Pre-sale items may take 3-5 weeks to arrive.

The Company reserves the right to refuse or cancel any order for any reason or no reason, including but not limited to stock limitation, inaccuracies, errors in product or pricing information or concerns about the completeness, truthfulness and accuracy of any information provided by you.  The Company reserves the right to cancel any orders containing pricing errors, whether before or after your receipt of an order confirmation or shipping notice.  The Company reserves the right to limit or prohibit orders that, in the Company’s sole and exclusive discretion, appear to be placed by dealers, resellers or distributors.  If your order is canceled after your credit card or other payment method has been charged, the Company will issue a credit or refund in the amount of the charge. 

Additional terms, conditions and obligations may apply to your purchase from the Company, and may be set forth in a separate written agreement.

Returns and refunds are governed by the Refund Policy posted on the Website.  All orders are subject to the Refund Policy in effect at the time an order is placed.  The Refund Policy may be changed from time to time, at the Company’s sole and exclusive discretion.

  1. THIRD PARTY PRODUCTS AND SERVICES.

The Company is not liable or responsible for the products and services of third parties and/or any person or entity not under the direct control and supervision of the Company, including but not limited to Shopify, Inc.  The Company has no control over the products manufactured by or services rendered by any such third parties, and makes no promises, representations or warranties whatsoever about any such products or services.  The Company is not responsible for or liable for any actions, errors or omissions of Shopify, Inc.

  1. TAKEDOWN NOTICES.

The Company reserves the right to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (ii) discontinue access to and use of the Website to individuals or entities believed by the Company, in its sole and exclusive discretion, to be engaged in copyright infringement.

If you believe that material or content on or accessible through the Website infringes your, you must send a notice of copyright infringement to the Company’s designated agent, Ryan P. Siney, Esquire, by email to rsiney@tuckerlaw.com.  Your notice must contain (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) an identification of works or materials being infringed; (iii) an identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence; (iv) contact information about the person providing the notice, including address, telephone number and, if available, email address; (v) a statement that the person providing the notice has a good faith belief that the presence on the Website of the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and (vi)  a statement made under penalty of perjury that the information provided is accurate and the person providing the notice is authorized to make the complaint on behalf of the copyright owner.

  1. TERM, TERMINATION AND SURVIVAL.

These Terms will become effective and binding immediately upon your access or use of the Website and will continue in effect until the Company terminates these Terms, which it may do at any time and for any reason or no reason and with no notice. 

Even after these Terms are terminated at any time for any reason, all terms, conditions and obligations of the introduction preceding Section 1 and Sections 2, 3, 8, 9 and 10 will continue in full force and effect indefinitely.

  1. INTERPRETATION.

These Terms are a contract entered into in the Commonwealth of Pennsylvania.  These Terms will be construed pursuant to the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. 

 

The headings herein do not define, limit, expand or describe the scope or intent of any term or provision.  If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it will be severed from these Terms, and the remaining Terms remain in full force and effect.  The failure of the Company to enforce any provision of these Terms will not be construed as a present or future waiver of such provision.  No course of dealing, nor any conduct or custom, between any of the parties will be effective to amend, modify or change any of the provision of this Terms. 

 

The Company may transfer, assign or delegate these Terms, along with the Company’s rights and obligations herein, to any other party with no notice and without your consent.  You may not transfer, assign or delegate any of your obligations hereunder.

 

  1. JURISDICTION AND VENUE.

 

Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or that relate to the subject matter hereof must be brought and heard in the state and federal courts located in and for the Commonwealth of Pennsylvania.  Both parties irrevocably consent to the jurisdiction of and venue in such courts,   and waive all claims or defenses based on lack of personal jurisdiction, improper venue, forum non conveniens or the like with respect to any action brought in the state and federal courts located in and for the Commonwealth of Pennsylvania.