Welcome to Buddha Fresh and www.bebuddhafresh.com (the “Site”), which is provided by Buddha Fresh. (“Buddha Fresh,” “we,” or “us”) in order to enable our valued customers (“you” for the purpose of these Terms & Conditions (our “Terms”)) to purchase the original stone and steel watch (our “Products”). In the event you are accessing our Site on behalf of an organization, company, or other legal entity (your “Organization”) the term “you” will also include your Organization. In such case, you represent that all information you provide to us on behalf of the Organization is, true, accurate and complete. While our mission is to deliver the most amazing stone watches with the least amount of delay, our lawyers insist that we ask you to take a few moments to read these Terms, which govern all use of our Site and all orders and returns for our Products made through the Site. Please read these Terms carefully and thoroughly. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SITE. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
CHANGES TO TERMS
As we improve our Products or improve the features or functions we offer on this Site, we may need to update these Terms to add new terms that are relevant to such improvements. In the event we do make changes, the revised version of these Terms will be effective immediately upon posting such a revised version of these Terms or other notice on the Site. You should frequently review these Terms because your continued use of the Site after posting of a revised version signifies your consent such new Terms.
USE OF THE SITE
By using the Site and providing your contact and other information through the Site, you agree that we may send you communications via email regarding our Products and services. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.
You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.
All of Our logos, brand names are trademarks of Buddha Fresh and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
RETURNS & SHIPPING
Please see our shipping and returns page HERE.
We take pride in our Products and try to be accurate in our descriptions. However, we do not warrant that our Product descriptions are 100% accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition for a full refund.
For your convenience, certain hyperlinks may be provided on the Site that link to other Web sites which are not under our control. We do not endorse or sponsor such Web sites and we are not responsible for the availability, accuracy, content, or any other aspect of such Web sites. We disclaim all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third-party.
LINKS TO THE SITE
Without our express, prior, written permission, you shall not: (a) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to the Buddha Fresh or any entity that is affiliated or associated with Buddha Fresh; or (c) otherwise imply or state that any type of relationship or special arrangements exist with the Buddha Fresh and any other entity; (d) use any tradename, trademark, or brand name of Buddha Fresh in metatags, keywords and/or hidden text, including for the purpose of affiliate marketing.
UNITED STATES ONLY
Although we strive to make the Site, the Content and the features, materials, information and services provided through the Site reasonably helpful, useful, reliable and current, you understand and agree that your access to and use of the Site, the Content and all materials, products, information and services available through the Site and the Buddha Fresh are at your own initiative and risk. We do not promise, covenant, represent, warrant, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, or anything else that you submit to or through the Site or to the Buddha Fresh in any other way, or that you access, use, download, or otherwise obtain on or through the Site or by or through the Buddha Fresh, are: (a) up-to-date, accurate, complete, reliable, truthful and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
The site and the content, and all the materials, products an services available on or through the site and the company are provided "as is" and "as available", without any warranties or guarantees, express or implied. We disclaim all warranties, including implied warranties of merchant ability, fitness for a particular purpose, title and non-infringement. We do not represent, warrant or covenant that the site, products or services available on or through the site or through the company are or will be accurate, current, complete, reliable, or appropriate for any particular use to which you, your organization or any third-party may choose to put them, that they are or will be available on an uninterrupted or error-free basis, that defects will be corrected.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE BUDDHA FRESH, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR OTHERWISE MADE AVAILABLE BY THE BUDDHA FRESH, INCLUDING ANY PRODUCTS; (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (C) THE BUDDHA FRESH PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY THE SITE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES SHALL THE BUDDHA FRESH, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF BUDDHA FRESH, EVEN IF THE BUDDHA FRESH WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF BUDDHA FRESH, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF THE BUDDHA FRESH, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, THE BUDDHA FRESH AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold the Buddha Fresh, and the officers, directors, employees and agents of the Buddha Fresh, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), your access to and use of the Content, the Site and other materials, products and services available on or through the Site and the Buddha Fresh, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.