Bourn Benthos services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site. The website is owned and operated by Bourn Benthos, LLC ("Bourn Benthos").
Privacy
Please review the Privacy Policy to understand the privacy practices used on this website.
Terms of Use
License and Website Access
This website grants you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell, or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided.
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology).
- use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website.
- engage in any activity that interferes with the website or another user’s ability to use the website.
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website.
- assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of this website or website content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Email Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement and that such communications be in writing.
Your Account
If you use this website, 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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright
All website content is the property of Bourn Benthos, LLC and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All website content that is not our property is used with permission. The arrangement and compilation of all website content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
Trademarks
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Bourn Benthos or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright and Trademark Compliance
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us in writing via email to bournbenthos@gmail.com including all of the components listed here:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest
- A detailed description of the trademark work that you claim has been infringed
- A description of precisely where the material that you claim is being infringed is located on the website
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark owner or authorized to act on the trademark owner's behalf
Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Reviews, Comments, and Other Content
Visitors may post or submit reviews, comments, suggestions, communications and other information via this website, by email or through one of our website operation partners, or social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display your user name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to you. We take no responsibility and assume no liability for any content posted by visitors to our website.
Suggestions and Ideas
Visitors may submit suggestions, ideas or questions to bournbenthos@gmail.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
Third Party Links
This website may contain links to or services offered by third parties that are not under the control of Bourn Benthos. Any such third party services are provided for your convenience only and you access them at your own risk. Any concerns regarding such third party service should be directed to the particular outside service. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge you to read each website's legal notice/ terms carefully before you use that website. Bourn Benthos does not control, and is not responsible for the availability, content or security of these external websites, nor your experience interacting or using these external websites. Bourn Benthos does not endorse the content, or any products or services available, on such web sites.
Limitation of Liability
Bourn Benthos is not liable for damage or injury to items, animals or people caused by the products due to negligent, reckless, knowing or intentional actions by any person. By purchasing from Bourn Benthos, the customer assumes all responsibility for damages or injuries caused by the product once it reaches its shipping destination. In no event shall Bourn Benthos, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other websites from, this website. We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
Terms of Sale
These Terms of Sale apply to all offers made by Bourn Benthos, LLC, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
Returns and Exchanges
Please review the Refund and Returns Policy to understand the refund, return, and exchange practices used on this website.
Pricing
Despite the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website.
Acceptance of Order
Bourn Benthos reserves the right to deny service to anyone at its own discretion. Full payment submitted to this website will be returned to the payee at that time.
Sales Tax
Items shipped to destinations in the states of Missouri and Wisconsin are subject to sales tax.
United States Governing Law / Void Where Prohibited
This website shall be governed by, and your browsing in and use of the website shall be deemed acceptance of and consent to, the laws of the State of Wisconsin, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Bourn Benthos intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this website is void where prohibited. Your information will be transferred to Bourn Benthos in the United States, which may be outside of Your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.