The Bodacious Company LLC - Terms and Conditions of Use

1. INTRODUCTION:   
Welcome to THE BODACIOUS COMPANY LLC (referred to as “THE BODACIOUS COMPANY LLC,” “BODACIOUS,” “we,” “us” or “our”). The following describes the terms on which you may access our products, services and web sites, emails, and online services (collectively referred to as the “Services”).

THE LEGAL AGREEMENTS SET OUT BELOW GOVERNS YOUR USE OF THE SERVICES. Use of THE BODACIOUS COMPANY LLC’s Services are subject to the terms and conditions set forth below (collectively referred to as the “Terms”). You may not use the Services if you do not accept the Terms. To confirm your agreement to such Terms, and be legally bound, you must click to “I Agree” or “I Accept” to the Terms, where either such option is made available to you in the user interface for the Services or below. You agree that when you click on an "I agree," "I Accept" or other similarly worded "button" or entry field with your mouse, keystroke or other device, or sign and print in person or send via email, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You agree to be bound by any affirmation, assent or agreement you transmit through the Services you access by computer or other electronic device, and telephone customer support, and in person and via fax including but not limited to any consent you give to receive communications from THE BODACIOUS COMPANY LLC solely through electronic, phone, transmission and communications, USPS, UPS and FEDEX.
IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS, DO NOT SO ACCEPT OR AGREE WHEN THE OPTION IS AVAILABLE TO YOU AND IMMEDIATELY EXIT THE SITE.

Please review our Privacy Notice, which also governs your visit to www.bodaciouscompany.com, to understand our practices.

Your use of the Services includes the ability to enter into agreements and/or to make transactions in person, electronically and by fax and telephone. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC, IN-PERSON AND TELEPHONE SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC, IN-PERSON AND TELEPHONE SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE AND IN-PERSON, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and by telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically and by telephone satisfy any legal requirement that such communications be in writing.

2. PROVISION OF THE SERVICES BY THE BODACIOUS COMPANY LLC: THE BODACIOUS COMPANY LLC may from time to time change or modify the Services. You agree that the form, nature and content of the Services may change from time to time without prior notice to you. THE BODACIOUS COMPANY LLC may at any time or from time to time stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally in THE BODACIOUS COMPANY LLC’s sole discretion, without prior notice to you. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. You acknowledge and agree that if THE BODACIOUS COMPANY LLC disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. THE BODACIOUS COMPANY LLC will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. You may stop using the Services at any time.

3. USE OF THE SERVICES BY YOU:  If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. For your protection and the protection of our other customers and users of the Services, we ask you not to share your registration information (including password, user name, screen name, etc.) with any other person for the purpose of facilitating their access and unauthorized use of the Services. You alone are responsible for all transactions, messages posted, statements made, or acts or omissions that occur within any Services through the use of your registration information. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify THE BODACIOUS COMPANY LLC emailing us at support@bodaciouscompany.com.  We are not responsible for any losses arising out of the unauthorized use of your password or account.
In order to access certain Services, you may be required to provide information about yourself (such as identification, contact details, billing information, etc.) as part of the registration process for the Services and Products, or as part of your continued use of the Services. You agree that any such registration information you give to THE BODACIOUS COMPANY LLC will always be accurate, correct and up to date. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from THE BODACIOUS COMPANY LLC for any purpose. We agree to treat with care the information you entrust to us, in accordance with our Privacy Policy, and you agree to the use of your data in accordance with THE BODACIOUS COMPANY LLC’s Privacy Policy. You agree that we may store and use any such registration information you provide for use in maintaining and billing fees to your account. THE BODACIOUS COMPANY LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its discretion. You agree to use the Services and Products only for purposes that are permitted by (a) the Terms and (b) any applicable law, rule or regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree that you will not reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell the Services for any purpose, or create any derivative works based on the Services in any manner. You agree not to access (or attempt to access) (a) any account that you are not expressly authorized to access or (b) any of the Services through any automated means (including use of scripts or web crawlers); and you agree to comply with the instructions present on the Services. You agree not to: (a) misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (b) attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website; (c) attack our Services or website via a denial-of-service attack or a distributed denial-of service attack; or (d) exploit the Services in any unauthorized way whatsoever (including, but not limited to, by trespass or burdening network capacity). You agree that you are solely responsible for any breach of your obligations under the Terms and for all consequences (including any loss or damage which THE BODACIOUS COMPANY LLC may suffer) of any such breach; THE BODACIOUS COMPANY LLC has no responsibility to you or to any third party for any consequences arising from any such breach by you (or any other user). We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or website.
The Services are available for individuals aged 18 years or older. The Serviced are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Services from outside these locations. THE BODACIOUS COMPANY LLC may use technologies to verify your compliance. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is recommended for regular use. You agree that these requirements, which may change from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
4. SERVICES CONTENT AND THIRD PARTY PROVIDERS All content included in the Services (including without limitation such as images, icons, text, graphics, logos, data compilations, software, etc.) (collectively referred to as “Content”) is the property of THE BODACIOUS COMPANY LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of THE BODACIOUS COMPANY LLC and protected by U.S. and international copyright laws. All software used on this site is the property of THE BODACIOUS COMPANY LLC or its software suppliers and IT programmers and is protected by United States and international copyright laws.
THE BODACIOUS COMPANY LLC may from time to time include in Services certain third party content or links to third party websites (each, a "Third Party Provider"). Any such content and websites contain Content that is protected by intellectual property rights, which are owned by the Third Party Providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) provided by THE BODACIOUS COMPANY LLC or Third Party Providers unless you have been specifically told that you may do so by THE BODACIOUS COMPANY LLC or the owner of that Content, in a separate written agreement.
THE BODACIOUS COMPANY LLC may from at any time and from time to time change, add or remove Third Party Providers from the Services, in its sole discretion and without prior notice to you. We have no control over the websites, products or services of Third Party Providers. We do not endorse or evaluate the websites, products or services of Third Party Providers (or any advertising or links on any such websites) and we assume no responsibility for the actions or omissions of any Third Party Providers. THE BODACIOUS COMPANY LLC is not responsible for examining or evaluating the content or accuracy of any Third Party Providers, and THE BODACIOUS COMPANY LLC does not warrant and will not have any liability or responsibility for any Third Party Providers’ materials or websites (or for any other materials, products, or services of third parties unless disclosed in our Return Policy). You agree that you will not use any Third Party Providers’ materials in a manner that would infringe or violate the rights of any other party and that THE BODACIOUS COMPANY LLC is not in any way responsible for any such use by you.
Without limiting the foregoing, you agree that THE BODACIOUS COMPANY LLC is not liable (and we assume no responsibility whatsoever) for any loss or damage which may be incurred by you as a result of: the content and/or websites of Third Party Providers; your use or purchase or any websites, products or services of Third Party Providers; the availability, quality or safety (including both design and manufacturing) of the products or services offered by Third Party Providers; and the accuracy and thoroughness of the descriptions of any such products or services provided by Third Party Providers. THE BODACIOUS COMPANY LLC STRONGLY RECOMMENDS THAT YOU CONTACT ANY THIRD PARTY PROVIDER AND CONFIRM THE ACCURACY AND THOROUGHNESS OF ITS PRODUCT DESCRIPTION (EVEN IF THE PRODUCT DESCRIPTION APPEARED ON THE THE BODACIOUS COMPANY LLC WEBSITE OR OTHERWISE IN THE SERVICES) BEFORE MAKING ANY PURCHASE OF SUCH PRODUCT.
You should directly contact any such Third Party Providers if you have questions regarding its products or services. If you determine to purchase any products or services from a Third Party Provider (a “Third Party Purchase”), the contract for such Third Party Purchase will be between you and that Third Party Provider (and THE BODACIOUS COMPANY LLC is not a party to such arrangement). In most cases this will mean that there are additional terms and conditions governing the contract for the Third Party Purchase as each Third Party Provider will have its own terms and conditions relating to the sale of its products or services. These will include terms relating to payment, delivery, returns etc. Please make sure that you have read these terms and conditions before completing your transaction. All relevant terms and conditions should be available to you on the Third Party Provider’s website through to which you will link once you a ready to buy. If you make a Third Party Purchase, the Third Party Provider will pay THE BODACIOUS COMPANY LLC a referral fee arising from such sale where applicable. You should carefully consider whether the products or services offered by a Third Party Provider are right for you (including for example, whether a piece of furniture will fit through your doors and hallways to the intended location in your home or office) prior to making any Third Party Purchase.  This is also true in delivery; you should carefully consider whether a delivery vehicle will have direct access to your home.
You should review the Third Party Providers’ terms of use and privacy policies before you use their websites or services. You consent and authorize THE BODACIOUS COMPANY LLC to delegate the authorizations you provide to THE BODACIOUS COMPANY LLC to its Third Party Provider(s) as THE BODACIOUS COMPANY LLC deems necessary or desirable to provide the applicable Services to you. You agree that the TERMS inure to the benefit of such Third Party Providers (and such Third Party Providers are deemed to be third party beneficiaries of this agreement), including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to " THE BODACIOUS COMPANY LLC " within this agreement are also deemed to include, where applicable, THE BODACIOUS COMPANY LLC’s agents, such as the Third Party Providers.
5. FEE-BASED SERVICES and REFUND POLICY: You agree to the terms and conditions governing our Services, including all requirements to pay applicable fees, sales tax and charges if you choose to enter into a Services Agreement and engage THE BODACIOUS COMPANY LLC for fee-based services.  The Service Agreement engage THE BODACIOUS COMPANY LLC for fee-based services . We will notify you of any changes to fees and charges in writing. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW AND IN THIS SECTION 5, ALL FEES AND CHARGES ARE NON-REFUNDABLE, INCLUDING FEES FOR UNUSED PORTIONS OF SERVICES FOR WHICH THE BODACIOUS COMPANY LLC HAS PARTIALLY COMMENCED, COMMENCED, AND COMPLETED. WE DO NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE DROP OR PROMOTIONAL OFFERING MADE BY COMPETITOR, THIRD PARTY MANUFACTURER OR MANUFACTURER’S REPRESENTATIVE.
You have the right to cancel your purchase of custom orders for a full or partial refund two (2) business days following the date you “ACCEPT” or “AGREE” to the order, custom order or other services (less any applicable PayPal, bank or credit card charges or fees). If you wish to cancel your purchase, you must do so via email within a two (2) business day period and notify us of your decision to cancel at orders@bodaciouscompany.com We will promptly thereafter notify you of your cancellation (or RA number - see return policy) via email within five (5) business days. If you so cancel your purchase within the two (2) day period, you will receive a full refund of your purchase price (minus those fees or charges, if any, owing to PayPal, your bank or your credit card company arising from any such cancellation).
Your purchase of our Services, and deposit(s) thereof, is entirely non-cancelable and non-refundable from and after three (3) business days following the date you “ACCEPT” or “AGREE” to the Services providing Services have not commenced.

6. INTELLECTUAL PROPERTY You agree that all graphics, logos, page headers, button icons, legal and non-legal agreement, copy, scripts, and service names, slogans, and tag lines are trademarks, registered trademarks or trade dress of THE BODACIOUS COMPANY LLC (or it licensors) in the United States and its territories. As a user of the Services, you do not and will not have any right to use any such trade names, trademarks, service marks, logos, domain names, slogans, tag lines and other distinctive brand features. All other trademarks not owned by THE BODACIOUS COMPANY LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE BODACIOUS COMPANY LLC.
You acknowledge and agree that THE BODACIOUS COMPANY LLC (or THE BODACIOUS COMPANY LLC’s licensors) own all legal right, title and interest in the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, are in the process of registration with the USPTO and wherever in the world those rights may exist). You agree that you shall not modify, alter, remove or obscure any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. You agree that you will not use any of the intellectual property, proprietary information, legal agreements or other materials contained in the Services in any way whatsoever except for use of the Services in compliance with this Agreement.

7. LIMITED LICENSE AND CONTENT SUBMISSIONS: THE BODACIOUS COMPANY LLC gives you a personal, royalty-free, revocable, non-assignable and non-exclusive license to access and make personal use of the Services and not to download (other than page caching) or modify, or any portion of the Services or this site. This license is for the sole purpose of enabling you to use the Services as contemplated in the Terms. You may not sublicense, assign, transfer or encumber any part of your rights to use the Services. This license does not include any resale or commercial use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Without limiting the foregoing, you may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any the intellectual property utilized by THE BODACIOUS COMPANY LLC in providing the Services.
We may choose from time to time, in our sole discretion, to allow you to post reviews, comments, photos, and other content so long as the content (1) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and (2) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." (3) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. (4) If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if desired. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We have no responsibility and assume no liability for any content posted by you or any third party.

8. DISCLAIMER OF WARRANTIES AND SERVICES:  WARRANTIES OF SERVICES AND MATERIALS DISPLAYED ON OUR WEBSITE AND THOSE OF THIRD PARTY PROVIDERS ARE PROVIDED WITHOUT GUARANTEES, CONDITIONS, OR WARRANTIES AS TO THEIR ACCURACY.  THERE IS NO ASSURANCE OR GURANATEE OF SATISFACTION WITH THE SERVICES OR PRODUCTS. THE SERVICES, PRODUCTS, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (AND SITES OF THIRD PARTY PROVIDERS) ARE PROVIDED BY THE BODACIOUS COMPANY LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BODACIOUS COMPANY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BODACIOUS COMPANY LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BODACIOUS COMPANY LLC DOES NOT WARRANT THAT THE SERVICES OF THIS SITE (OR THOSE OF THIRD PARTY PROVIDERS) INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS (OR THOSE OF THHIRD PARTY PROVIDERS) THEIR VARIOUS SERVERS OF EMAILS SENT FROM THE BODACIOUS COMPANY LLC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BODACIOUS COMPANY LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (INCLUDING THIRD PARTY PROVIDERS), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN NEW MEXICO STATE AND FEDERAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITING THE FOREGOING, THE BODACIOUS COMPANY LLC DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (B) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING ON OR THROUGH WEBSITES OPERATED BY ANY THIRD PARTY PROVIDERS) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARISING FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY.

9. LIMITATION OF LIABILITY: SUBJECT TO PARAGRAPH 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BODACIOUS COMPANY LLC, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
      (1) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE SERVICES AND/OR THE COMPLETENESS OR ACCURACY OF ANY INFORMATION PROVIDED BY ANY THIRD PARTY PROVIDERS, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS;
      (2) ANY CHANGES WHICH THE BODACIOUS COMPANY LLC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
      (3) YOUR PURCHASE OF ANY GOODS OR SERVICES FROM THIRD PARTY PROVIDERS; OR
      (4) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
THE LIMITATIONS ON THE BODACIOUS COMPANY LLC’s LIABILITY TO YOU IN THIS PARAGRAPH 9 SHALL APPLY WHETHER OR NOT THE BODACIOUS COMPANY LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, NEW MEXCIO CIVIL CODE THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SUCH CODE MAY STATE THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR BUSINESS OWED MONIES DOES NOT KNOW OR SUSPECT TO EXIST AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN MUST HAVE MATERIALLY AFFECTED SETTLEMENT WITH THE DEBTOR."

10. RELEASE AND INDEMNITY:  IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY PROVIDER, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, MEMBERS, OPERATORS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, NEW MEXICO CIVIL CODE, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. YOU WILL INDEMNIFY AND HOLD US ((AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, MEMBERS, OPERATORS AND EMPLOYEES)) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW, RULE OR REGULATION. THE BODACIOUS COMPANY LLC RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM SUBJECT TO INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND SUCH CLAIM. YOU MAY NOT SETTLE ANY CLAIM COVERED BY THIS SECTION 10 WITHOUT THE BODACIOUS COMPANY LLC’s PRIOR WRITTEN APPROVAL.

11. REVISION OF THE TERMS: THE BODACIOUS COMPANY LLC may amend the Terms and this Agreement from time to time by posting the amended Terms on this site. Except as otherwise stated in any such posting, all amended terms shall automatically be effective immediately after they are initially published and posted. Additionally, we may notify you through email or otherwise of such amended terms.

12. GENERAL TERMS:  “THE BODACIOUS COMPANY LLC” whose principal place of business is to be notified at P.O. Box 30861 Albuquerque, New Mexico, 87190 USA.  Separate shipping addresses are to be disclosed only at time of delivery/returns to facilitate “type” of delivery; “type” referring to docking space and storage space and or basic delivery space needed to facilitate delivery or return.   Some returns will require return shipping and handling fees as determined in Return Policy.
The Terms shall be construed (both as to validity and performance) and enforced in accordance with the substantive laws of the State of New Mexico applicable to agreements made and to be performed wholly within such jurisdiction, notwithstanding any choice of law principles, statutes or rules to the contrary. You and THE BODACIOUS COMPANY LLC agree to submit to the exclusive jurisdiction of the state and federal courts located within the City of Albuquerque, New Mexico to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that THE BODACIOUS COMPANY LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within two (2) months after such claim or action accrued. Otherwise, you waive all claims or actions.
The Terms constitute the entire legal agreement between you and THE BODACIOUS COMPANY LLC and govern your use of the Services and Products, and completely replace any prior agreements between you and THE BODACIOUS COMPANY LLC in relation to the Services and Products. You agree that THE BODACIOUS COMPANY LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services and Products. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such sections on our website. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if THE BODACIOUS COMPANY LLC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which THE BODACIOUS COMPANY LLC has the benefit of under any applicable law), this will not be taken to be a waiver of THE BODACIOUS COMPANY LLC’s rights and that those rights or remedies will still be available to THE BODACIOUS COMPANY LLC.
You acknowledge and agree that any other entities controlled by THE BODACIOUS COMPANY LLC or under common control with THE BODACIOUS COMPANY LLC shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, except as expressly provided in the Terms, no other person or company shall be third party beneficiaries to the Terms.
Any rule of law or any legal decision that would require interpretation of any ambiguities in the Terms or this agreement against the party that drafted it, is of no application and is hereby expressly waived. The Terms and this agreement shall be serveable in the event that any of the provisions hereof are held to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.

For emails:  Click "I agree" below for Your Signature as noted in the INTRODUCTION above, by clicking "I agree" you (1) acknowledge that you have read and understood this Agreement's terms and conditions and (2) will be signing this Agreement with a legally binding electronic signature, which agreement will be
legally binding and enforceable and the legal equivalent of your handwritten signature. ( Once an email window appears on your computer or electronic devise, enter “I Agree” in the SUBJECT LINE; include your legal name, address, and phone number in the content space; enter "send").

 

For facsimile:  As noted in the INTRODUCTION above, you (1) acknowledge that you have read and understood this Agreement's terms and conditions and (2) will be signing this Agreement with a legally binding signature, which will be legally binding and enforceable. ( Print “TERMS and CONDITONS” page;  sign below where indicated; include your legal name, address, and phone number in the content space provided ; fax to 505.266.3011).

“I Agree”
Name (print) : ______________________________________________________

Name (signature): __________________________________________________

Address: _________________________________________________________

Phone: __________________________________________________________

Email if applicable: ___________________________________________

Date:_______________________________________________________

 

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