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bothwellcheese.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at bothwellcheese.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future bothwellcheese.com service or visit or purchase from any business affiliated with bothwellcheese.com, whether or not included in the bothwellcheese.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to bothwellcheese.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit bothwellcheese.com 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. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of bothwellcheese.com or its content suppliers and protected by Canadian, United States, and international copyright laws. The compilation of all content on this site is the exclusive property of bothwellcheese.com and protected by Canadian, U.S. and international copyright laws. All software used on this site is the property of bothwellcheese.com or its software suppliers and protected by Canada and international copyright laws.
TRADEMARKS
bothwellcheese.com; Bothwell Cheese Inc.; and other marks indicated on our site are registered trademarks of Bothwell Cheese Inc. or its subsidiaries, in the Canada and other countries. bothwellcheese.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bothwell Cheese Inc. or its subsidiaries. bothwellcheese.com's trademarks and trade dress may not be used in connection with any product or service that is not bothwellcheese.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits bothwellcheese.com. All other trademarks not owned by bothwellcheese.com or its subsidiaries 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 bothwellcheese.com or its subsidiaries.
LICENSE AND SITE ACCESS
bothwellcheese.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of bothwellcheese.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of bothwellcheese.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of bothwellcheese.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing bothwellcheese.com's name or trademarks without the express written consent of bothwellcheese.com. Any unauthorized use terminates the permission or license granted by bothwellcheese.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of bothwellcheese.com so long as the link does not portray bothwellcheese.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any bothwellcheese.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, 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. bothwellcheese.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use bothwellcheese.com only with involvement of a parent or guardian. bothwellcheese.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." 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. bothwellcheese.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant bothwellcheese.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 bothwellcheese.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. 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 bothwellcheese.com or its affiliates for all claims resulting from content you supply. bothwellcheese.com has the right but not the obligation to monitor and edit or remove any activity or content. bothwellcheese.com takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
bothwellcheese.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from bothwellcheese.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
bothwellcheese.com and its affiliates attempt to be as accurate as possible. However, bothwellcheese.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by bothwellcheese.com itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Bothwell Cheese Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bothwell Cheese Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Bothwell Cheese Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bothwell Cheese Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Bothwell Cheese Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bothwell Cheese Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE 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.
APPLICABLE LAW
By visiting bothwellcheese.com, you agree that the laws of the province of Manitoba, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and bothwellcheese.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to bothwellcheese.com or to products you purchase through bothwellcheese.com shall be submitted to confidential arbitration in Winnipeg, Manitoba, except that, to the extent you have in any manner violated or threatened to violate bothwellcheese.com's intellectual property rights, bothwellcheese.com may seek injunctive or other appropriate relief in any provincial or federal court in the province of Manitoba, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Pricing policy, posted on this site. These policies also govern your visit to bothwellcheese.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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