Terms of Use- BOHIQ

Welcome to BOHIQ website. This site is provided as a service to our valued customers. We sincerely appreciate your interest in BOHIQ and your visit to this site. These Terms of Use (referred to as "Terms") outline the fundamental rules governing your usage of this site and any content you generate or provide. The term "Site" encompasses all affiliated sites, mobile apps, and social media pages.

It's essential to note that SECTION 21 OF THESE TERMS includes a significant binding arbitration agreement and class action waiver that relinquishes your right to a court hearing or jury trial.

 

Table of Contents

1. Introduction, Conditions, and Age Requirements. 2
2. Intellectual Property; Site Content 2
3. User Comments and Other Submissions. 3
4. License to User Content 3
5. No Endorsement or Liability for User-Generated or Third-Party Content 4
6. Third-Party Links. 4
7. Prohibited Uses. 5
8. Registration, Accounts and Passwords. 6
9. Site Updates. 6
10. Shopping Online; Product and Pricing Information. 7
11. Returns & Resale of Product 8
12. Limitations on Liability. 8
13. Disclaimer of Warranty and Site Content Alteration. 8
14. Indemnification. 9
15. Disabling your account 9
16. Choice of Law.. 9
17. Notice. 10
18. Privacy Notice. 10
19. Payment Processing. 10
20. Contact Information. 10
21. Disputes. 10
22. Miscellaneous. 11
23. Washington State Use. 11
24. California Users. 12
25. Electronic Signatures. 12

 

 

1.    Introduction, Conditions, and Age Requirements

Before using this site, we kindly ask you to carefully read the following terms. These terms govern your usage of the site, and by accessing and using this site, you acknowledge and accept these terms. If you do not agree with the terms stated below, please refrain from using this site.

Your use of this site signifies your understanding and acceptance of these terms, and you agree to be legally bound by them. In the event of any significant changes to these terms, we will post a notification on this site. Such changes, whether they involve modifications, additions, or deletions, will be effective as specified in the relevant notification or, if the change is deemed immaterial, immediately upon appearing on this site. Please make it a habit to check these terms regularly for any updates. By continuing to use this site after we post any changes to the terms, you indicate your acceptance of those changes. It's important to note that this provision does not apply in New Jersey.

Age Requirements for General Use

In order to register and participate on this Site, access is limited to individuals who have reached the age of majority in their state of residence and possess full legal capacity to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined herein. By registering or participating in any services or functions on this Site, you hereby assert that you have attained the age of majority in your state of residence. If you have not reached the required age, you may only use this Site if your legal parent or guardian has accepted these Terms on your behalf and granted consent for your usage.

Age Requirements for Purchases

To make purchases on this Site, you must have reached at least the age of majority in your state of residence and have the full legal capacity to enter into the terms, conditions, obligations, affirmations, representations, and warranties stated herein. By placing an order, you represent and certify that you possess the legal ability to enter into any and all purchase agreements with us, our partners, vendors, agents, and service providers.

 

2.    Intellectual Property; Site Content

 

By accessing this Site, you agree to comply with all applicable laws and to uphold the intellectual property rights of others. You acknowledge and accept full responsibility for any violations of relevant laws or infringement of third-party rights that may arise from the User Content (as defined below) you provide or transmit to us.

The Trademarks, including trademarks, trade names, trade dress, logos, domain names, and service marks (collectively referred to as "Trademarks"), displayed on this Site are registered and/or unregistered Trademarks owned by BOHIQ or third parties. Nothing contained on this Site or within these Terms grants you, either implicitly or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of BOHIQ or the respective third-party owners.

The Content on this Site, including text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement, are all protected by patent, copyright, trademark, and other intellectual property rights. Content may not be copied for commercial use or distribution, nor may it be modified, processed, or reposted to other websites. Your access to and use of this Site is solely for personal use, which includes purchasing and using our products and/or services, obtaining information, education, entertainment, and communicating with us. You may download, copy, or print the Content of this Site strictly for your personal, non-commercial use.

No ownership rights in any Content on this Site are transferred to you as a result of any downloading, copying, printing, or use of this Site. Unless expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display, or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner.

You understand and acknowledge that your use, downloading, or printing of copyrighted material does not confer upon you any ownership rights.

 

3.    User Comments and Other Submissions

 

Although BOHIQ welcomes feedback from its customers, we kindly request that you refrain from sending any unsolicited creative or original concepts, ideas, materials, products, confidential or proprietary information, or similar submissions ("Submissions"). Should such Submissions be received, BOHIQ shall have no obligation to utilize or provide compensation for them. Additionally, BOHIQ will not respond to Submissions, and they will neither be returned nor treated as confidential information.

 

4.    License to User Content

We may offer you the opportunity to submit, post, or display various types of content, including photos, images, text, materials, information, data, opinions, messages, notes, graphics, designs, social media posts, or other social media assets, collectively referred to as "User Content," "User Generated Content," or "UGC." You can accomplish this by (i) directly uploading User Content to this Site, (ii) responding with #YESANA (or any other affirmative manner) to our request for the right to use the User Content you post on Instagram or Twitter, or (iii) sending us or granting permission to use User Content through other means, referred to collectively as "Submitting."

By Submitting User Content, you automatically grant BOHIQ, its affiliates, assigns, licensees, and third-party service providers (referred to as the "Licensed Parties") a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully paid-up license to use that User Content and associated elements such as your image, likeness, username, social media handle, real name, caption, location, or other identifying information in connection with your User Content. The Licensed Parties have the sole discretion to use this content for any lawful purpose, including but not limited to commercial advertising/marketing, in any manner or media now or later developed, both offline and online. This license includes the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sublicense the User Content to third parties for their lawful uses and purposes. The Licensed Parties are not obligated to feature, post, or use any User Content or exercise any rights granted herein, but they may choose to do so at their sole discretion.

By Submitting User Content, you represent and warrant that: (i) you possess unencumbered, transferable rights to your User Content; (ii) you have obtained permission from all individuals appearing in your User Content, allowing you to provide their photo or video image as part of your User Content to the Licensed Parties for commercial use; (iii) the Licensed Parties' use of your User Content will not violate any law or infringe upon the rights of any third party; and (iv) you have reached the legal age of majority in your jurisdiction of residence. If your User Content features a child who is under the age of majority in their state of residence, you further warrant that you are either the parent or legal guardian of the child or that you possess written permission from the child's parent or legal guardian to provide the photo or video image as part of your User Content to the Licensed Parties for commercial use.

By Submitting User Content, you hereby release, discharge, and agree to hold the Licensed Parties and any person acting on their behalf harmless from all actions, claims, damages, liabilities, costs, and expenses arising out of the use of the User Content by the Licensed Parties.

By Submitting User Content, you also waive any and all obligation to receive payment for the use of your User Content and any of the intellectual property and publicity rights contained therein.

Please take note that if you delete your #YESANA or other affirmative approval post, or otherwise remove your User Content, your agreement to these Terms, including the rights and license grant to such User Content, will remain in effect.

 

5.    No Endorsement or Liability for User-Generated or Third-Party Content

 

While third-party content and User Content may be posted on this Site, it is crucial to note that such postings do not imply BOHIQ endorsement of the content. BOHIQ assumes no responsibility or liability for any claims arising from third-party content or User Content, including but not limited to claims related to loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury, or wrongful death.

 

6.    Third-Party Links

 

Third-party links available on this Site may redirect you to websites ("Third-Party Sites") that are not affiliated with BOHIQ and may be situated in different countries, thereby subjecting them and the products sold on them to the regulations and product safety requirements of their respective originating countries. These Third-Party Sites and store locations are provided solely for your convenience, and as such, accessing them is done at your own risk. While we have not extensively reviewed all the Third-Party Sites linked to this Site, we cannot be held responsible for their content or any products or services offered on those Third-Party Sites. Consequently, BOHIQ assumes no liability for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites ("Third-Party Products"). For any complaints, claims, concerns, or questions regarding Third-Party Products, please direct them to the respective third party.

Furthermore, access to participating retailers does not imply an endorsement by BOHIQ, its subsidiaries, or affiliates of any such retailers, nor does it indicate any endorsement of the resources, products, or services offered by them. BOHIQ bears no responsibility or liability for the independent policies or actions of these Third-Party Sites or retailers, and we are not accountable for their privacy practices or content. Prior to engaging in any transaction, we strongly advise you to carefully review the policies and practices of these third parties to ensure your full understanding.

For clarity, if we provide links to social media platforms such as Facebook or Twitter, and you choose to visit those websites through our links, please be aware that any personal information you post, transmit, or otherwise make available on those websites may be accessible to the general public. We do not control user-posted content on social media sites and are not responsible for any third-party use of your personal information that you have posted, transmitted, or otherwise made available there.

7.    Prohibited Uses

 

Exclusively for Personal Use: You are permitted to browse this Site and its associated content solely for your personal use and enjoyment. However, any reproduction, duplication, copying, sale, resale, visitation, or other exploitation of this Site or any part thereof for commercial purposes requires our express written consent.

Accuracy of Information as Prerequisite for Site Access: In order to access certain parts of this Site or avail certain resources, you may be requested to provide specific, occasionally personal, information. Your use of this Site is conditioned upon ensuring that all the information you provide is accurate, current, and complete.

Restricted Transmission: While using this Site, you agree not to employ any device, software, or routine that may interfere with its proper functioning. Specifically, you may not:

• Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information, including images and language.
• Transmit any message that constitutes or encourages conduct amounting to a criminal offense or giving rise to civil liability.
• Transmit or solicit any information, software, or other material that infringes upon the rights of others, including materials that invade privacy or publicity rights or that are protected by copyright, trademark, or other proprietary rights, or derivative works thereof, without obtaining prior permission from the owner or right holder.
• Transmit any information, software, or other material that contains or delivers a virus or other harmful component.
• Use any software, tool, data, device, or mechanism to navigate or search this Site, except for generally available browsers.
• Use any software, tool, data, device, or mechanism to "scrape" or compile data from this Site.
• Frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or proprietary information (e.g., images, text, page layout, or form) without obtaining our express written consent.
• Use any metatags or other "hidden text" utilizing our name or Trademarks without obtaining our express written consent.

Other Restrictions: Moreover, you are prohibited from violating or attempting to violate any security features of this Site, including, but not limited to:

• Accessing content or data not intended for you or logging onto a server that you are not authorized to access.
• Attempting to probe, scan, or test the vulnerability of this Site or any associated system or network, or breach security or authentication measures without proper authorization.
• Interfering or attempting to interfere with service to any visitor, host, or network, including, but not limited to, submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing," or "crashing."
• Using this Site to send unsolicited communications, including, but not limited to, promotions or advertisements for products or services.
• Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
• Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.

Violation of system or network security may result in civil and/or criminal liability.

 

8.    Registration, Accounts and Passwords

 

You are required to treat your username, password, and any other information necessary for our security procedures as confidential. It is imperative not to disclose such information to any other individual or entity. You understand that your account is strictly personal and agree not to grant any other person access to this Site or any of its portions using your username, password, or other security-related details. In case of any unauthorized access to or use of your username, password, or any other security breach, you commit to promptly inform us, including instances where you lose your username or password. You assume responsibility for any use of this Site or its portions that occurs through your username, password, or other security information. Additionally, you agree to ensure that you log out of your account at the end of each session. When accessing your account from a public or shared computer, you must exercise particular caution to prevent others from viewing or recording your password or other personal information. We reserve the right to disable any user name or password, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms.

 

9.    Site Updates

 

BOHIQ assumes no obligation to update, modify, or clarify the information presented on this Site, including pricing information, except as mandated by applicable law. The absence of a specified update or refresh date on this Site should not be construed as an indication that all the information contained herein has been altered or updated. When reviewing information on this Site, it is important to bear in mind that such information may not encompass all available details on a particular subject. Furthermore, subsequent events or changes in circumstances may lead to existing information on this Site becoming inaccurate or incomplete.

 

10.                       Shopping Online; Product and Pricing Information

To make a purchase on this Site, simply select the desired product, quantity, and click "ADD TO BAG." After completing your shopping, click the "CHECKOUT" button and follow the provided instructions to finalize your order. Please note that you may modify the contents or quantities of items in your shopping cart until you click "PLACE ORDER," at which point your order will be processed. Upon submitting your order, if it is accepted, a confirmation page with your order number will be displayed, and you will receive an email confirmation shortly thereafter. Should you not receive the email confirmation within 48 hours after placing your order, kindly contact us via email for assistance. You can track your order using the tracking number provided in your shipping confirmation email.

It is essential to acknowledge that information on this Site may occasionally contain errors, such as typographical errors, inaccuracies, or omissions concerning product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. BOHIQ reserves the right, at any time and without prior notice, to rectify any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information on this Site is inaccurate (including after the order submission).

Products available through this Site are subject to availability. While we endeavor to ensure that product and pricing information is current and complete, we disclaim liability for inaccurate information or any omitted or outdated information. Product prices are quoted in US Dollars, and we may periodically offer promotions for shipping and other purchase discounts. However, we retain the right to suspend any such promotions, update product information, alter prices, and adjust shipping and handling fees at any time without prior notice. Furthermore, we reserve the right to modify, limit, decline, or cancel any order at our sole discretion. In the event that we change or cancel an order, we will attempt to notify you by using the email and/or billing address/phone number provided at the time of the order.

By engaging in any transaction through this Site, you represent and warrant that all information you provide is accurate and true, including credit card information and billing address. Additionally, you warrant that any credit card transactions you submit are authorized, and you are the lawful holder of any credit card or payment account used for such transactions. Should we, in our sole discretion, determine that (i) your payment method is invalid, (ii) a transaction is unauthorized, (iii) your payment method cannot be processed or verified at the time of any charge, (iv) a charge is disputed for reasons other than our failure to deliver the purchased product to you, (v) you have misused promotions or promotion codes, or (vi) you have engaged in improper transactions through this Site, we retain the right to immediately terminate any pending transactions, suspend your access to this Site, and terminate all our obligations towards you.

By participating in any transaction through this Site, you consent to receiving email communications from us regarding the transaction, including purchase receipts, notices, or transactional messages. BOHIQ may also send you email reminders about items left in your cart but not purchased to facilitate the completion of your transaction. You agree that all agreements, notices, disclosures, and other email communications provided to you electronically meet any legal requirement that such communications be in writing, and you may retain copies of these communications for record-keeping purposes. Additionally, you acknowledge and agree that all purchase receipts and purchase-related communications will be provided electronically only, and we will not furnish paper copies of receipts.

If you have any questions or concerns when placing an order, of if you wish to inquire about a previously placed order, please email us at cs@bohiq.com, using your order number.

Usage of Coupon Codes/Discount Codes: Limited one (1) time use per coupon and/or discount code per customer. Discounts will be applied at checkout. Online offers have no cash value and are not redeemable for cash. Not valid on previous purchases or when combined with any promotional offers.

Made to Order Items: BOHIQ may offer the option to customize or personalize certain products. It is essential to understand that once a product is customized based on your request, it becomes non-returnable, non-refundable, and non-exchangeable. Before placing an order, please ensure your satisfaction with the customized/personalized products, as all such orders are considered final. Furthermore, please note that due to the customization process, the shipping time for your products will be extended.

This Site, its Content, product information, and all products sold through this Site are intended to comply with the laws and regulations of the United States at both the state and federal levels. Some products may be restricted from being shipped to certain jurisdictions. If you are a non-U.S. based user, please be aware that other countries may have different laws, regulatory requirements, and product safety standards than those in the United States.

BOHIQ retains the right, though not obligated, to restrict the sales of its products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis.

11.                       Returns & Resale of Product

 

Please visit our Return Policy for more information on acceptable returns. Additionally, this Site sells products to retail consumers only. You shall not use this Site to purchase products for re-sale or export. BOHIQ reserves the right to immediately bar access to this Site and terminate the account of any user who violates this provision.

 

12.                       Limitations on Liability

BY USING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING: (A) YOUR USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK; (B) YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS INCURRED IN SERVICING OR REPAIRING ANY EQUIPMENT OR DEVICE UTILIZED IN CONNECTION WITH YOUR USE OF THIS SITE; AND (C) BOHIQ, AS WELL AS OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY REFERRED TO AS "SERVICE PROVIDERS"), SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ISSUES RELATED TO FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, COMPUTER VIRUSES, OR NETWORK OR INTERNET FAILURE. WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BOHIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF BOHIQ AND OUR SERVICE PROVIDERS FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY DOLLARS ($50).

DUE TO THE FACT THAT SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BOHIQ'S AND ITS SERVICE PROVIDERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13.                       Disclaimer of Warranty and Site Content Alteration

 

The content provided on this Site is presented "as is" and "with all faults." BOHIQ does not make any warranty or representation, either express or implied, regarding the use, availability, content accuracy, appropriateness, or performance of this Site. As a user, you assume all risks and responsibilities associated with your use or non-use of this Site, and BOHIQ makes no representation that the content appearing on or downloaded from this Site is compatible with your device or free from errors or viruses. No BOHIQ employee, agent, or representative is authorized to modify or amend this warranty. To the extent permitted by applicable law, BOHIQ disclaims all other warranties, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with respect to this Site and its content. Please note that some jurisdictions, such as the state law of New Jersey, do not allow the exclusion or limitation of incidental or consequential damages or the limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

 

BOHIQ retains the right to alter or remove Site content, suspend or terminate your use in any manner, at any time, and for any reason, without prior notification, and BOHIQ will not be liable for any potential consequences resulting from such actions.

 

14.                       Indemnification

 

You agree to indemnify, defend, and hold harmless BOHIQ, our subsidiaries and affiliates, as well as our and their service providers, from and against all claims (regardless of whether such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses arising from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle or otherwise dispose of any matter without our prior written consent.

 

15.                       Disabling your account

 

You have the option to disable your account at any time by contacting us at cs@bohiq.com.  Additionally, we reserve the right, at our sole and absolute discretion, to disable your account at any time and for any reason, including, but not limited to, if you breach these Terms. In the event of your account being disabled, we will retain your data in accordance with our Privacy Notice.

Even if your account is disabled, and you stop visiting or using the Site, please be aware that certain provisions of these Terms, which by their nature are meant to survive any expiration or termination of these Terms, will continue to be in effect.

 

16.                       Choice of Law

 

This Agreement will be governed by and construed in accordance with the substantive laws of the State of Washington without regard to conflict of laws and all disputes arising under or relating to this Agreement shall be brought and resolved solely and exclusively in the State Court located in Washington. Should any legal action be commenced in connection with this Agreement, the prevailing party in such action shall be entitled to recover, in addition to court costs, such amount as the court may adjudge as reasonable attorneys’ fees.

17.                       Notice

 

When you visit this Site or communicate with us, you are doing so electronically. By using this Site, you consent to receive communications from us electronically. We will communicate with you via email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically fulfill any legal requirement that such communications be in writing.

 

18.                       Privacy Notice

 

For information about how BOHIQ collects, uses, or discloses information in connection with your use of this Site, please refer to our Privacy Notice, which is incorporated into these Terms by reference.

 

19.                       Payment Processing

 

By agreeing to these Terms, you consent that the payment processing services for goods and/or services purchased on this Site, depending on the payment method used, are provided by either WPNW Ecomm LLC or BOHIQ.

 

20.                       Contact Information

 

If you have any questions regarding these Terms or wish to contact BOHIQ for any reason, please reach out to us at cs@bohiq.com

 

21.                       Disputes

 

Timing of Claims: Any cause of action or claim you may have relating to this Site, including but not limited to the purchase of products or services, must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue: Any dispute, controversy, or claim arising out of or relating to this Site or these Terms, including the purchase of products or services, shall be settled by arbitration in accordance with the laws of the State of Washington. The arbitration shall take place in Snohomish County, Washington, and shall be conducted by a single arbitrator appointed in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be governed by the AAA's Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes. The arbitrator's decision shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that the arbitration proceedings and all related documents shall be kept confidential to the fullest extent permitted by law. The prevailing party in the arbitration shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with the arbitration. The parties further agree that any arbitration conducted under this clause shall be an individual arbitration and not a class or representative action. They waive any right to participate in a class or representative action against the other party. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction in Snohomish County, Washington, to prevent or stop any unauthorized use or misuse of intellectual property or any violation of the party's rights.

This arbitration and venue clause shall survive the termination or expiration of these Terms.

Final Arbitration: The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information and may not be used, disclosed, or divulged by either party unless required by law.

Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You and we agree to arbitration on an individual basis. Neither you nor we shall be entitled to join or consolidate claims by or against other visitors in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one (1) person's claims and may not preside over any form of a representative or class proceeding. Any challenge to the enforceability of this class arbitration waiver may only be raised in a court of competent jurisdiction.

 

22.                       Miscellaneous

 

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The course of conduct between the parties and trade practice shall not modify any of these Terms. We reserve the right to assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 23 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

If any provision of these Terms is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Notice, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

 

23.                       Washington State Use

 

This Site is controlled and operated by us from our offices in Washington State. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to this Site should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than Washington State. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms remain in full force and effect.

 

24.                       California Users

 

California Consumer Rights: California consumers have additional rights and protections under California law, including but not limited to the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA).

Notice of Complaint Assistance: Pursuant to California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. If you have any complaints or concerns, you may also contact our customer care team via email at cs@bohiq.com.

 

25.                       Electronic Signatures

 

You expressly acknowledge and agree that your acceptance of these Terms electronically constitutes your explicit consent to the terms and conditions outlined herein. By affixing your electronic signature, you are voluntarily providing a legally binding electronic signature and entering into a contract that is legally enforceable. You further acknowledge that your electronic submission serves as your unequivocal agreement and intent to be bound by the provisions set forth in these Terms. In accordance with applicable statutes, regulations, rules, ordinances, or other laws, including, but not limited to, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act"), or other similar statutes, you hereby give consent to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed through this Site or services offered by BOHIQ. Additionally, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that may necessitate an original signature or demand the delivery or retention of non-electronic records, or that mandate payments or credits to be granted by means other than electronic methods.