TERMS & CONDITIONS
The use of this site is governed by the policies, terms and conditions set forth below. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order or submittal of any purchase order to Be Bottle indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Be Bottle. Be Bottle reserves the right to make changes to this site and these terms and conditions at any time.
Copyright and Trademark Notice
This site is owned and operated by Be Bottle. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Be Bottle, Copyright © 2017, ALL RIGHTS RESERVED. All software used on the site is the sole property of Be Bottle or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Be Bottle prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Be Bottle is a registered trademark, trademarks or service marks of Be Bottle Co., LLC. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Be Bottle Co., LLC. All other trademarks or service marks are property of their respective owners. The use of any Be Bottle trademark or service mark without Be Bottle Company’s express written consent is strictly prohibited.
Disclaimer of Warranties and Limitation of Liability as to Products Sold
BE BOTTLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE PRODUCT AND RELATED PRODUCT SERVICES WILL BE WITHOUT ISSUE. ALL BE BOTTLE PRODUCT IS GUARANTEED AGAINST DEFECTS FOR 30 DAYS. BE BOTTLE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE EXCLUSIVE MAXIMUM LIABILITY TO BE BOTTLE ARISING FROM ANY PRODUCT SOLD BY BE BOTTLE SHALL BE THE PRICE OF THE PRODUCT ORDERED.
YOU EXPRESSLY AGREE THAT USE OF, OR INABILITY TO USE, THE PRODUCT AND RELATED PRODUCT SERVICES IS AT YOUR SOLE RISK. THE PRODUCT AND RELATED PRODUCT SERVICES DELIVERED TO YOU ARE (EXCEPT AS EXPRESSLY STATED BY BE BOTTLE) PROVIDED “AS IS” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL BE BOTTLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PRODUCT AND RELATED PRODUCT SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT AND/OR PRODUCT CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT AND RELATED PRODUCT SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIBILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, BE BOTTLE LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
BE BOTTLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE PRODUCT AND RELATED PRODUCT SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE BE BOTTLE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
BE BOTTLE DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCT AND RELATED PRODUCT SERVICES WILL BE FREE FROM INTERFERENCE, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE BE BOTTLE FROM ANY LIABILITY RELATING THERETO.
Waiver and Indemnity
BY USING THE PRODUCTS AND RELATED SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BE BOTTLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO
ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE PRODUCT AND RELATED PRODUCT SERVICES, OR ANY ACTION TAKEN BY BE BOTTLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM Be Bottle, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PRODUCTS AND RELATED SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BE BOTTLE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
YOU AGREE THAT BE BOTTLE, ITS DIRECTORS, EMPLOYEES AND OTHER OFFICERS SHALL NOT BE LIABLE FOR THE OPERATION, CONTENT OR USE OF THE BE BOTTLE PRODUCTS OR PRODUCT RELATED SERVICES OR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Be Bottle shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Be Bottle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Be Bottle shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Be Bottle is not responsible for the operation of or content located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Be Bottle reserves the right at any time after receipt of your order to accept or decline your order for any reason. Be Bottle reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order.
Be Bottle shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New Jersey. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Orders shipping to international addresses may incur taxes and duties.
Jurisdiction and Venue
You agree that any legal action brought against Be Bottle shall be governed by the laws of the State of Delaware without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Be Bottle sites shall be an appropriate federal or state court located in Delaware.