TERMS & CONDITIONS OF SALE

PRIVACY POLICY

TERMS OF USE

 
 

 LA BHANGA PRODUCT(S) CONTAINS NO THC

TERMS & CONDITIONS OF SALE

1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, [LA BHANGA] and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Restrictions.

You are expressly and emphatically restricted from all of the following: publishing any Website material in any media; selling, sublicensing and/or otherwise commercializing any Website material; publicly performing and/or showing any Website material; using this Website in any way that is, or may be, damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; using this Website to engage in any advertising or marketing;Certain areas of this Website are restricted from access by you and [LA BHANGA] may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant [LA BHANGA] a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. [LA BHANGA] reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties.

This Website is provided “as is,” with all faults, and [LA BHANGA] makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability.

In no event shall [LA BHANGA], nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and [LA BHANGA], including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification.

You hereby indemnify to the fullest extent [LA BHANGA] from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

[LA BHANGA] is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment.

[LA BHANGA] shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between [LA BHANGA] and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of [CALIFORNIA], and you submit to the non-exclusive jurisdiction of the state and federal courts located in [CALIFORNIA] for the resolution of any disputes.


PRIVACY POLICY

Privacy Notice

This privacy notice discloses the privacy practices for (www.labhanga.com). This privacy notice applies solely to information collected by this website. It will notify you of the following: What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared. What choices are available to you regarding the use of your data. The security procedures in place to protect the misuse of your information. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing 
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information 
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: See what data we have about you, if any. Change/correct any data we have about you. Have us delete any data we have about you. Express any concern you have about our use of your data.

Security 
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Orders 
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

Cookies 
We may use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Sharing 
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

And/or: 
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

And/or: 
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links 
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests 
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 415-854-9505 or via email at contact@labhanga.com.

TERMS OF USE

Welcome to LaBhanga.com (the “Website”), the public, e-commerce website for La Bhanga. (“La Bhanga,” “we,” or “us”). The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (these “Terms of Use”). By accessing and/or using this Website, you acknowledge and agree to these Terms of Use as well as our privacy property which is incorporated herein by reference for all purposes. By accessing and/or using this Website, you accept without restriction these Terms of Use as well as our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. We may change these Terms of Use at any time, without notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Capitalized words used in these Terms of Use, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.

1. Orders for Products and Services; Personal Use. The products we make available on this Website, including samples, are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. La Bhanga reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by La Bhanga in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are domiciled in the United States and you are 18 years old or older. Unless otherwise indicated, all prices on the Website are in U.S. Dollars. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to La Bhanga. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase on this Website may be subject to additional Terms of Use presented to you at the time of such purchase.

2. Website Content. The Content (as defined below) presented on this Website is intended for educational or informational purposes only. Such information is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information available on or received from this Website. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. In addition, the statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. You should always check the ingredients for products to avoid potential allergic reactions as La Bhanga may change ingredients from time to time. La Bhanga does not give or intend to give any answers to medical-related questions and this Website does not replace any medical professional or medical resource. La Bhanga does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY

3. Product Information and Pricing. We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other information or content on the Website. Any orders placed via the Website are not considered accepted until we have shipped the order. We cannot confirm the price of an item until an order has shipped. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate. We will not charge your credit card until your order enters the shipping process. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged.

4. Colors. We try to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate.

5. Website Content; License. La Bhanga and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Notwithstanding the foregoing, La Bhanga makes no claim of ownership to User Contributions, as defined below. Your use of the Website does not grant you ownership of any Content on the Website. Subject to these Terms of Use, La Bhanga grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained therein only for your personal, non-commercial use.

6. Trademarks. The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of La Bhanga and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

7. Prohibited Customer Activity. Unless expressly permitted in these Terms of Use or with La Bhanga’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. La Bhanga will enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of La Bhanga’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

8. User Information. If you register with this Website, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or enter a sweepstakes, contests or promotion, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy which is incorporated. You are responsible for keeping your User Information up to date and accurate.

9. User Comments, Feedback, and Other Submissions. We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its Content, and our products. If any User Contribution includes ideas, suggestions, documents or proposals to La Bhanga, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and La Bhanga has no obligation of confidentiality, express or implied, with respect thereto; (b) La Bhanga may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from La Bhanga or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by La Bhanga in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We cannot be responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Website’s Privacy Policy.

10. Links to and from the Website. If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website. You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of La Bhanga. Links to Linked Sites do not constitute an endorsement or sponsorship by La Bhanga of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. La Bhanga is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.

11. Public and Interactive Areas of Our Website; Ratings & Reviews; Guidelines. We may from time to time provide interactive services on our Website, including, without limitation, Ratings & Reviews, blogs, chat rooms, bulletin boards and discussion groups. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude all liability for any loss or damage arising from the use of any interactive service by a user, whether the service is moderated or not. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Contributions. Similarly, we may or may not exercise editorial control over the User Contributions of any such interactive services. As a result, you may be exposed to User Contributions that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. However, we reserve the right, but are not obligated, to monitor our interactive services and to pre-screen, remove, condense, refuse to post or alter any User Contributions in our sole discretion. We may restrict, suspend or terminate your use of these services or the Website where we believe that there has been a misuse. Your use of such interactive services are at your own risk. Personal Information that you post on or through the public areas of the Website are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not provide Personal Information about yourself in public or interactive areas of the Website. Such Personal Information is not covered under our Privacy Policy.

You represent and warrant that: (a) you are at least 21 years old; (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any "moral rights" in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any La Bhanga employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.

CONSUMER & RETAIL PARTNERSHIP DISCLAIMERS-
All of our products consist of Industrial Hemp Derived CBD Extract, and although it is non-psychoactive, Hemp & Cannabis are considered controlled substances and use or consumption of cannabis could be dangerous. You should learn about and understand the effects of hemp and cannabis, know your consumption limits, read and obey product warning labels, perform independent research about the risks and effects of consuming or using cannabis, and avoid consuming or using cannabis while operating a motor vehicle or performing any activity that requires sound judgment or full use of physical faculties. Consuming or using cannabis, including hemp, can result in a positive drug test even if the cannabis contains no or limited THC. La Bhanga and its members are not responsible nor liable for any side affects, reactions, discomfort or legal responsibilities in any form that may occur from any consumer or retailer using, advertising or selling La Bhanga Products what so ever.

When writing a review for the Ratings & Review, please consider the following guidelines:

• Focus on the product and your individual experience using it;

• Provide details about why you like or dislike a product; and

• All submitted reviews, comments and questions are subject to these Terms of Use and our Privacy Policy.

You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.

12. Indemnification. You agree to defend, indemnify and hold harmless La Bhanga, its affiliates, and its and their directors, officers, employees and agents from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any message, User Contributions, information, software or other materials through the Website, or your breach or violation of the law or of these Terms of Use. La Bhanga reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with La Bhanga’s defense of such claim. THIS PROVISION MAY NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.

13. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND/OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN LA BHANGA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, LA BHANGA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH LA BHANGA OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY LA BHANGA “AS IS.” THE FOREGOING DISCLAIMERS DO NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND LA BHANGA OR ITS LICENSOR OR SUPPLIER.

14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LA BHANGA, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE OR ANY PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO LA BHANGA FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE. THIS PROVISION MAY NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.

15. Applicable Laws. This Agreement is governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in New York County and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County

16. Viruses, Hacking And Other Offenses. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

17. Termination. We may change, suspend or discontinue this Website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.

18. Miscellaneous; Severability. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Some provisions may not be enforceable against residents of the state of New Jersey. By agreeing to these Terms of Use, residents of the state of New Jersey do not waive any of the rights conferred upon them by the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).

 

2017 -  All Rights Reserved