Terms & Conditions
Welcome to the BUHA website (the "Site") www.buha.com
July 1, 2020
BUHA International, LLC (“BUHA,” “Us,” “We,” “Our.”) provides the content and services available on the Site to You (“You,” “Your”) including BUHA and any BUHA Loyalty Program subject to the following terms and conditions, our Privacy Policy, and any other terms and conditions and policies which You may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). You must be 18 years old or the age of majority in Your jurisdiction in order to make a purchase on our Site. If You are under 18 years old or the age of majority in Your jurisdiction, then You may not make a purchase on our Site. You may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, You are acknowledging that You have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to You, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, You purchase or otherwise receive from us. Please note that we will track the purchases You make as a BUHA member through the Site, at freestanding BUHA stores and by other means. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to You that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Product Return Policy
Please click here for the BUHA Product Return Policy.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. BUHA therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
Intellectual Property
All information and content available on the Site and its “look and feel,” including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Except as set forth herein, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Limited Licenses
We grant You a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of Yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant You a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray Us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that You remove any link to the Site, and upon receipt of such request, You shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by Us to resume linking. Any unauthorized use by You of the Site or any and/or all of our Content automatically terminates the limited licenses set forth herein without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
BUHA Membership and Loyalty Programs
Access to some portions of this Site may be only permitted for BUHA members through the use of a personalized ID that BUHA issues to each BUHA member and a password. Pursuant to and without limiting the generality hereof, any distribution of Your personalized ID, password or the Content of this Site to any third party is strictly prohibited.
Your Account
Subject to the age restrictions outlined above, You may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, You may need to register an account with us. You may not create an account on our Site if You are not over thirteen (13) years of age. You are responsible for maintaining the confidentiality of Your account, username and password and for restricting access to Your computer. If there has been an unauthorized use of Your password or account, please notify Us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with Your permission or authorization under Your account, username and/or password, or because You fail to maintain sufficient security over Your account, username and/or password. If You are accessing and using the Site on someone else’s behalf, You represent that You have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent You do not have such authority You agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel Your online account with Us at any time. We reserve the right to refuse service and/or terminate accounts, including any BUHA loyalty membership, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in BUHA’s best interests to do so.
Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, any of our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at Your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that You visit.
Sweepstakes, Contests and Similar Promotions
Any sweepstakes, contest, or similar promotion made available through any BUHA site may be governed by specific rules that are separate from these Terms and Conditions. By participating in any such sweepstakes, contest, or promotion, BUHA will ask you to agree to become subject to those rules, which may vary from the Terms and Conditions set forth herein. BUHA urges you to read the applicable rules which will be linked from the particular activity, and to review BUHA’s Privacy Policy, which, in addition to these Terms and Conditions, will govern any information you submit in connection with such activities.
Special Features, Functionalities and Events
The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by Us or by third parties. If so, we will notify You of this and if You choose to take advantage of these offerings, You agree that Your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information You provide Us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, You hereby grant Us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that Your Submission will not be returned and we may use Your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If You make a Submission, You represent and warrant that You own or otherwise control the rights to Your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify Us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
User Content
When You transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), You are entirely responsible for such User Content. Such User Content constitutes a Submission herein. This means that You, and not BUHA, are entirely responsible for all User Content that You post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, violent, sexually exploitive, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) You do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by You to be false, inaccurate or misleading; (d) You were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, You agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including without limitation, a BUHA or BUHA representative or agent, forum leader, guide or host; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge or fraudulently copy headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, You may be exposed to User Content that is offensive, indecent or objectionable to You. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any Users who violate these Terms and Conditions or infringe the rights of others. BUHA members may be invited to participate in certain special features available on the Site to BUHA members only. Some of these features may facilitate communication among BUHA members. Your use of such features and of the information communicated therein is made at Your own risk and is subject to the terms herein. BUHA shall not have any liability to You nor any other person or party with respect to such features, communications, or use of any information contained therein.
Copyright Infringement Notices
We respect the intellectual property of others and require that Users of the Site does the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of Users who, in our sole discretion, infringe on any intellectual property rights. Consistent with the Digital Millennium Copyright Act, if You believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
1.
A physical or electronic signature of the person or persons authorized to act on behalf of the owner of the copyright interest upon which You claim there has been an infringement; A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
2.
Identification of the copyrighted work(s) upon which You claim there has been an infringement;
3.
A description and screenshot, if available, of the material that You claim is the infringing material and the location of that material on the Site;
4.
Your address, telephone number and email address;
5.
A statement by You that You have a good faith belief that the Use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
Contact
You may contact our designated agent for notifications of claimed infringement at privacy@buha.com.
NOTE:
THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BUHA THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ANY OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Disclaimer of Warranties; Limitation of Liability
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT NEITHER WE NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY TYPE INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, NEITHER WE NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF. YOU FURTHER AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Indemnification
You agree to defend, indemnify and hold Us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) Your Use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of Your User Content. You also agree to indemnify Us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from Your Use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You take that imposes an unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF BUHA OR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and You consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the dispute between Us and You individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Consent to Receive Notices Electronically via Our Posting on the Site and Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from Us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to You electronically satisfy any legal requirement that such communications be in writing. To withdraw Your consent to receive Notices electronically, You must notify Us of Your withdrawal of such consent by emailing Us at privacy@buha.com and discontinue Your Use of this Site. In such event, all rights granted to You pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in this section, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any User that cannot consent to receipt of Notices electronically. This consent to receive Notices is entirely separate from any election You may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between Us concerning Your Use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued Use of the Site thereafter constitutes Your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all Use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, employment, or other form of joint enterprise You and Us. Our failure to require Your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be Used in its interpretation.
If You have any questions regarding these Terms and Conditions, please email Us at privacy@buha.com.