BTG takes online information security and user privacy extremely seriously. All personal information you provide during newsletter signup or checkout is used to process your orders or to contact you regarding a particular transaction only. All financial information is gathered securely. We may use your contact information to contact you about new products, features or special promotions. If you do not wish to receive such communications, you may remove yourself from the mailing list by unsubscribing via email.
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide personalized advertisements on other websites, and storage of items in your Shopping Cart between visits.
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this website in accordance with this Agreement. You agree to be financially responsible for your use of this Website (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.INDEMNIFICATION
You agree to indemnify, defend and hold harmless BTG, 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 or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this website using your service account.WAIVER, RELEASE AND LIMITATION OF LIABILITY
Given the unpredictability of technology and the online environment, BTG does not warrant that the function or operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Website. As a visitor to and a user of this Website, you, in effect, agree that your access will be subject to the terms set forth in this Agreement and that access is undertaken at your own risk.
The Website may also contain links to other sites of third parties considered to be of potential interest to the customer. With these links, the visitor exits BTG’s Website by free choice without any compulsion. The information contained in the sites connected by the links may not comply with state or federal laws. BTG has no control over said sites and their content and, consequently, accepts no responsibility for any of these.
You agree that neither BTG, nor its officers, directors, employees, agents, information providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of this Website. You hereby release and forever waive any and all claims you may have against BTG, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of BTG, its officers, directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of this Website.
Notwithstanding the foregoing paragraph, the total liability of BTG, its officers, directors, employees, agents, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by the customer for the product purchased. In no event shall BTG, its officers, directors, employees, agents, information providers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of this website are hereby excluded even if BTG, its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages.
THIRD PARTY RIGHTS
The provisions of are for the benefit of BTG and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
The terms of this Agreement are applicable to you upon your accessing the Website or completing the registration or shopping process and may be terminated by BTG without notice at any time for any reason. The provisions relating to LEGAL RIGHTS, DISCLAIMER, INDEMNIFICATION, WAIVER, RELEASE, AND LIMITATION OF LIABILITY, and MISCELLANEOUS, shall survive any termination.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Boyajian, LLC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Los Angeles, California. Any cause of action or claim you may have with respect to BTG must be commenced within one (1) year after the claim or cause of action arises. BTG’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BTG may assign its rights and duties under this Agreement to any party at any time without notice to you.
BTG may deliver notice to you under this Agreement by means of electronic mail, a general notice on this website, or by written communication delivered by first class U.S. mail to your address on record in our account information database.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.