1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and Your waiver of any and all claims against BWA, its parents, subsidiaries, affiliates, contractors, agents, officers, directors or employees arising out of Your use of Our Site or any materials, information, opinions or recommendations contained on Our Site.
All content included on Our Site, such as text, graphics, logos, button icons, images, audio clips and software, is Our property or that of Our content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Our Site is Our property protected by U.S. and international copyright laws. All software used on Our Site is Our property or that of Our software suppliers and is protected by U.S. and international copyright laws. You may electronically copy and print in hard copy portions of Our Site for the limited purpose of placing an order with Us or using it as a shopping resource. Any other use-including reproduction for purposes other than those noted above, modification, distribution, transmission, republication, display or performance-of the content on a Site without Our prior written permission is strictly prohibited.
Unauthorized copying of the software, or failure to comply with the above restrictions, may result in severe civil and criminal penalties. Unauthorized duplication of the software constitutes copyright infringement and, in the United States, is punishable in a federal criminal action by a fine of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced plus the profits of the infringer, or statutory damages of up to U.S.$100,000 for willful copyright infringement.
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or original or creative ideas (collectively, "Materials") submitted through Our Site. If despite this policy you submit any such Materials, We will deem it Our property. We will not treat the Materials as confidential, and We will not be liable for any use or disclosure of such Materials. Without limitation, We will own the exclusive rights to the Materials and will be entitled to unrestricted use of the Materials for any purpose, commercial or otherwise, without compensation to the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.
8.5 Compliance With Laws. You will comply at Your own expense with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency that apply to or result from Your use of Our Site.
P. O. Box 174
Hakalau, Hawaii 96710
Additional Notices And Disclaimers:
This NOTICE AND DISCLAIMER is made to all customers and purchasers of Segway® and Ninebot® products or services from BWA LLC dba Botanical World Adventures and Segway Off-Road Adventure (herinafter BWA). You are by this NOTICE advised that Segway® and Ninebot® products are sold and services are rendered by independent dealers, experience centers and distributors and that BWA is also an independent, authorized dealer/distributor/tour of Segway Inc.
Each dealer/distributor/tour, including BWA, is an independent business, completely separate from and is an independent contractor to, Segway Inc. Except for Segway Inc.’s granting of a limited license to BWA to use certain trademarks owned by Segway Inc. or Ninebot (Tianjin) Technology Co., Ltd. in connection with the sale and promotion of genuine Segway Inc. or Ninebot (Tianjin) Technology Co., Ltd. products or services utilizing genuine Segway Inc. or Ninebot products, Segway Inc. does not control any independent dealer/SAEC/distributor and Segway Inc. does not own, operate or control the website(s) used by BWA to advertise, promote and sell genuine Segway Inc. or Ninebot products or services utilizing genuine Segway Inc. or Ninebot products.
To the extent permitted by applicable law, Segway Inc., hereby DISCLAIMS any liability for any intentional or negligent act by any dealer/SAEC/distributor, any representations made, and/or any damage to any Segway or Ninebot product caused by an act of any dealer/SAEC/distributor. Segway will not be responsible or liable for any damages caused by any dealer/SAEC/distributor, including any dealer/SAEC/distributor identified as an “authorized” dealer or an “authorized” tour.
Segway Inc., as the manufacturer of the Segway Personal Transporter and Segway SE-3 Patroller and Ninebot (Tianjin) Technology Co., Ltd., as the manufacturer of the Ninebot E, Ninebot One, Ninebot by Segway miniPRO, offers separate limited warranties to all customers and buyers of their respective branded products. Those limited warranties are separate and apart from other or additional warranties or guarantees offered by any dealer/SAEC/distributor and neither Segway Inc. nor Ninebot (Tianjin) Technology Co., Ltd. will be responsible for any representation or warranty made by any dealer/SAEC/distributor.
Any statement in any advertisement, literature, brochure, or website should NOT be interpreted or construed as expressly or impliedly creating any relationship between Segway Inc. and any dealer/SAEC/distributor, including BWA.
Gardens, Waterfalls & Maze
Mile Marker 16 on Highway 19 31-240 Old Mamalahoa Highway
Hakalau, Hawaii 96710
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