The following is an agreement (“Agreement”) between you and BulaLaw LLC (“Bula”, “we”, “us”, “our”).
This Agreement applies to you (i) if you are browsing or using this Site (as defined below),
(ii) if you are a subscriber to the Services (a “Subscriber”) and (iii) if you are an individual, customer, authorized end user, and/or a Subscriber’s authorized end user (each, an “User”). This Agreement supplements and is in addition to any terms and conditions in any end user services agreement entered into by and between Subscriber and Company. In the event of a direct conflict between any term of this Agreement and any term of the end user services agreement, the end user services agreement shall control.
By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Bula from its offices within the United States. Bula makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is exclusively governed by the laws of Arizona. The state and federal courts located in Phoenix, Arizona, shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby agree to the personal jurisdiction of such courts and irrevocably waive any objection to such venue.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The copyright in all material provided on this Site is held by Bula. Except as expressly permitted in a writing document signed by an officer of Bula, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bula or the copyright owner. Permission is granted to you to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Bula’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
ACCESSING THE SITE, REGISTRATION, ACCOUNTS, AND PASSWORDS
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. Bula cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this Agreement. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
PURCHASES AND PAYMENTS
The store connected to this Site is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We have no control over WooCommerce’s terms of service and encourage you to read them online here: https://woocommerce.com/terms-conditions/.
A third party payment processor will process payments through the WooCommerce platform. Your payment will be processed by Stripe, Inc.
You represent and warrant to Company that you will provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Bula’s proprietary rights in them.
The Site and Services contain proprietary and copyright-protected information. Any unauthorized use of any content contained on the Site or the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
The company name, the terms BULA, BULALAW, BULA INTELLIGENCE, and all related names, logos, product and service names, designs, and slogans are trademarks of Bula or its affiliates or licensors. You must not use such marks without the prior written permission of the Bula. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Any questions concerning the use of these Bula’s marks or whether a trademark that is not listed above is a trademark of Bula should be referred to Bula at email@example.com.
No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Bula. Any use of the Site not expressly permitted by this Agreement is a breach and may violate copyright, trademark, and other laws.
Information on this Site may be changed or updated without notice. Bula may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Bula reserves the right to withdraw or amend the Site, and any service or material Bula provides on the Site, in Bula’s sole discretion without notice. Bula will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, Bula may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Information Bula publishes on this Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Bula intends to announce such products, programs or services in your country. Consult your local Bula business contact for information regarding the products, programs and services which may be available to you.
INFORMATION “AS IS” AND “AS AVAILABLE”
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY BULA ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. BULA PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT
You agree to defend, indemnify, and hold harmless the Bula, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BULA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BULA OR AN BULA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN NO EVENT SHALL THE TOTAL LIABILITY OF BULA UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WAIVER AND SEVERABILITY
No waiver of by Bula of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bula to assert a right or provision hereunder will not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Bula may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
If the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Copyright Administrator Weiss Brown, PLLC
6263 N. Scottsdale Rd, Ste. 340
Scottsdale, AZ 85250 (480) 327-6650
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.