Terms of Use
INTRODUCTION
These Websites, Products, Memberships or Programs (“Services”) are owned and operated by B.O.W.A. International (“BOWA”, “BOWAworld”, “BOWAstudios” “BertOliva” “us” or “we”). These Terms of Use Agreement (“Terms of Use”), including any revised terms that we may post from time to time, state the terms and conditions and our agreement with you regarding your use of these Services. This agreement is a legally binding contract between you and us. This agreement governs your use of these websites, products or services provided to you or your company/s by BOWA.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR PARTICIPATING IN ANY PROGRAM OR SERVICE. If you do not agree to these Terms of Use, you have the right to not sign up or engage in any business related matters with BOWA.
In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Websites and data, materials and information available at or through the Websites/Services.
We may make changes to these Terms of Use from time to time in our sole discretion. Each time changes are made to these Terms of Use, a revised Terms of Use will be posted on the bottom of this page. BOWA may also make changes to the Websites design, functionality and/or content at any time, and may provide links to other websites that are not maintained by BOWA. BOWA does not endorse those websites and is not responsible for the content of such other sites.
PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit to our websites, to understand our privacy practices. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Websites (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors, and the compilation of the Content on the Websites are our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Websites are our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Websites are proprietary to our licensors, previous or existing clients or BOWA. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of the Websites. No Content of the Websites or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except (i) with the express consent of BOWA or (ii) that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; and (c) do not use any Content in a manner that suggests an association with any of our products, services or brands. Your use of Content on any other websites or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Websites or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
USE AND PROTECTION OF PASSWORD AND ID
We may assign a password and account ID to you so you can access and use certain areas of our websites. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and we shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND BOWAWORLD YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify us of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
SYSTEM REQUIREMENTS.
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software”), and, for certain downloadable content, a compatible player device (the “Device”). BOWA may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the websites and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the websites. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Websites may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to BOWA.
SUBMISSIONS
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. Our designees and BOWA also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website and/or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
CONTENT LINKED TO WEBSITES
You should be aware that when you visit the websites, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, we may not control the site to which you are directed and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITES IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITES.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITES. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITES (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITES AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITES.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, shareholders, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF; (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITES OR ANYONE ELSE; OR (C) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE SITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE SITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITES; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO BOWA.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITES AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO BOWA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on our websites in a way that constitutes copyright infringement, please follow the information provided in the Notice and Procedure for Making Claims of Copyright Infringement please contact us immediately in writing.
APPLICABLE LAW AND DISPUTES
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Florida, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Florida. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to the Websites or to products you purchase through the Websites shall be submitted to any state or federal court located in Miami-Dade County, Florida, United States of America and to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief, and you consent to exclusive jurisdiction and venue in such courts and you hereby waive any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ELECTRONIC COMMUNICATIONS
When you visit the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Websites at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Websites. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Websites and supersedes any prior or contemporaneous agreement regarding that subject matter.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of the specific location(s) on the Website of the material that you claim is infringing;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
You can visit our Websites, read materials, and browse the Website’s contents without giving us any personally identifiable information. In order to provide you with the most efficient and enhanced personalized service and attention, and to accommodate certain requests, which you make, we request information about you in certain circumstances and collect certain information automatically.
Information You Volunteer
We collect personally identifiable information that you enter on the Website or otherwise volunteer to us (such as your name, e-mail address, credit card number, home address, phone number, and/or similar information), when you contact us to, among other things, make purchases or request information. You can choose not to provide certain information, but then you might not be able to take advantage of many of the features of our Website. We use the information that you provide for such purposes as responding to your requests, customizing future experiences for you, improving our operations, and communicating with you.
B. Information Collected Automatically
We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use “cookies” and we obtain certain types of information when your web browser accesses our Websites or advertisements and other content served by us or on our behalf on other web sites. We may also automatically collect your IP address and referring web site addresses, browser type and domain name. This information helps facilitate your online experience on our Websites. We use “cookies” to track usage patterns on our Website and to control the display of ads, as well as to offer other functionalities. You can turn off cookies, but that will affect your online experience. Please see below for more detail on cookies.
We also collect non-personal information to track and analyze non-personally identifiable usage and volume statistical information from our visitors and customers to administer our Website and constantly improve its quality. This information is aggregated so that it does not allow you to be personally identified or contacted. We reserve the right to publish non-personally identifiable, summary information regarding Website visitors for promotional purposes and as a representative audience for advertisers. Please note that it is not personal information, only general summaries of the activities of our visitors and customers.
WHAT DO WE DO WITH COLLECTED INFORMATION?
We use collected information to evaluate and administer our Website to improve its quality, fulfill your requests, respond to any future problems, such as difficulties in navigating our Website or accessing certain features, and to gauge user trends.
As in any transaction, when you purchase products or make a donation by credit card, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. We will not otherwise provide any personal data to your credit card company without your permission. We and our technical and fulfillment agents, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.
HOW DO WE SHARE PERSONAL INFORMATION?
Personal information is available to us and the technical and fulfillment agents, partners and consultants who make our Websites available to you. Non-personal information is available to our affiliates, sponsors, advertisers and partners.
Websites hosting firms, technical and database consultants, advertising agencies, order processing partners, and other third parties may have access to personally identifiable information in the course of making our Websites and its contents available. We require that companies working for and with us comply with our Privacy Policy, and are not permitted to sell your personally identifiable information to third parties or to use it except as authorized by us and you, or as permitted or required by law.
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
If BOWA is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, our relevant customer database of could, in whole or in part, be sold as part of that transaction. In the event BOWA goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information will likely be among the assets transferred. By accessing our Website and providing us your personal information, you indicate your acceptance of such transfers and releases of your personal information.
OPTING OUT FROM RECEIPT OF INFORMATION FROM US
You may unsubscribe to any of our online e-mail updates by following the unsubscribe instructions in the body of any e-mail message. We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom your information was previously disclosed.
SECURITY OF YOUR PERSONAL INFORMATION
We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in this Privacy Policy.
Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Our Websites may also contain links to other websites. Keep in mind that we do not control and are not responsible for the privacy or security practices or the content of these or other websites. Our policy is to limit access to personal data to those employees or agents with a specific need to access or retrieve this information. We store data on servers in controlled environments. To maintain security, we conduct internal reviews of our security measures.
We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that a user may utilize to send e-mails and submit information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you utilize will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of your information before we receive it.
Links from our Websites may take you to sites not covered by this Privacy Policy. We provide those links as a convenience to you and take no responsibility for the protection of your privacy on those other sites. We encourage you to check the privacy policy of any site you visit.
VISITORS OUTSIDE THE UNITED STATES
Our Websites and the servers that make these Websites available worldwide are located in the United States. Any information you provide in subscribing to our Website or registering or ordering at our Websites will be transferred to the United States. By visiting our Websites and submitting information, you authorize this transfer, processing and use. Although we will take all steps reasonably necessary to ensure your data is treated securely and in accordance with this Privacy Policy, the United States may not offer a level of privacy protection for personal information as great as that offered in other jurisdictions. Therefore, the disclosure of personal information pursuant to this Privacy Policy is at your own risk. We make no representation that the practices described in this Privacy Policy are compliant with laws outside of the United States that apply to the collection, security, use and disclosure of personal information.
CHANGES TO OUR PRIVACY POLICY
We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered Websites visitors information on material changes to this Privacy Policy.
CHILDREN’S PRIVACY
We are strongly committed to protecting the safety and privacy of children who visit our Website. We do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA and its accompanying regulations under United States federal law protect the privacy of children using the Internet. Our Website includes content that we believe to be unsuitable for children under 13 and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.
RETURN & CANCELLATION POLICY
NON-USE
BOWA does not suspend or hold any accounts for clients unless authorized from management in writing. Any accounts or projects authorized to do so will only be held or suspended for 90 days maximum. After which they will be considered cancelled or terminated if not notified to BOWA in writing by client and confirmed by BOWA management. It will not be BOWA’s responsibility to notify clients of their time limits for this termination but will be notify via email of terminated agreement, coaching program, membership or project.
EVENTS
A. Tickets
We do not give refunds for purchased tickets. However, tickets are transferrable to another party or may be used in some of our other seminars and workshops; please ask a representative for details.
As we hold events in different locations throughout the U.S., we cannot guarantee the date and location until two (2) weeks before an event. We do not give refunds for date changes or location changes. We will, however, honor the ticket(s) at some other events; please ask a representative for details.
If you have a hold, we will hold until the process date specified and then process your payment. If you change your mind during that time, you need to send us an email at info@BertOliva.com before the process date or call (888) 711-2044. After that date we cannot guarantee a refund or cancellation of ticket(s).
B. Vendors
As we hold events in different locations throughout the U.S., we cannot guarantee the date and location until two (2) weeks before an event. We do not give refunds for date changes or location changes. We will, however, honor the booth(s) at some other events; please ask a representative for details.
MERCHANDISE
If you have purchased any products, any open packages may not be returned. Any replacements or exchanges may be done up to five (5) days after purchase date. Merchandise must be returned in unused, like-new condition.
Important Note: Except in cases where the return is the result of a shipping error or the item arrives damaged or defective, original shipping charges are non-refundable and return shipping fees equal to the original shipping charges will be charged to all returns. Please see Return Policy Basics for additional restrictions.
A. Return Instructions
To start the return process, call us at (888) 711-2044 or email us at info@BOWAworld.com and we will promptly provide you with detailed instructions on how to return merchandise that is eligible for a refund or exchange. If eligible, we will also provide you with a Return Authorization (RA) number for each return, which is valid for five (5) days. The valid RA number must be included with your return in order to assure proper credit. We are not responsible for merchandise returned without a valid RA number.
B. Return Policy Basics
A refund for eligible merchandise can only be issued to the original credit card used for purchase. All returns must include the following:
(1) Customer Receipt
(2) Original Packing Slip
(3) Return Authorization number
C. Damaged Items and Shortage Claims
Please inspect all merchandise immediately upon receipt. Any damaged or missing items must be reported within three (3) days of delivery by calling (888) 711-2044.
CANCELLATION/POSTPONEMENT OF PRIVATE EVENT
Once a date is set aside and a presentation confirmed, we often incur commitments of time and resources on your behalf, well in advance of the program date. Because a cancellation/postponement initiated by the Client causes losses, either through direct resource expenditure or because of turning down other business for this date, we have found it necessary to include the following cancellation clause and fees (we will keep these fees), effective in all cases other than acts of God (e.g., major disasters or other events beyond our reasonable control):
75% of deposit fee, if cancelled in less than ten (10) days;
50% of deposit fee, if cancelled in 31 to 60 days before;
25% of deposit fee, if cancelled in 61 to 90 days before.
If cancellation/postponement is unavoidable, please verify the cancellation by telephone, followed by a written letter to BOWAworld within five (5) days.
SPECIAL ORDER REFUND POLICY
Our custom products/services are made to order, there are no refunds, chargebacks or challenges for purchases made. All such items/orders are made to your specifications and preferences and cannot be “returned to stock” if you change your mind.
CONTACT INFORMATION
If you have any question about this Return and Cancellation Policy, please e-mail us at info@BOWAworld.com or you can contact us by mail.
POWER PARTNERS ADDENDUM
Terms & Conditions
BOWA International’s (BOWA’s) objective is to provide the participant(s) with the structure, tools, and accountability for success. The BOWA POWER PARTNERS (e.g. BPP) Program is a comprehensive program designed to propel participants into their best performance in business and in their personal lives. Because of the intensity of the program and its cumulative nature, is unlikely any client will benefit from the program by just attending a few sessions.
BPP (PP aka as Participants, Members) Relationship
Participants understand that the BPP Program is a 12-month consecutive membership program that is an interactive relationship designed to help the participant create an actionable strategy to achieve his/her desired results in his/her business or personal growth. The participant also acknowledges that BOWA or other participants are not professional advisors or counselors, and that any risks of implementing the outcomes from the sessions are solely at the discretion of the Participant him/herself.
BPP Program is not a substitute for any form of medically prescribed or specified services (including psychotherapy, counseling, psychology services, therapy financial advising or counseling, or analysis). If the participant(s) desires additional or alternative treatment or therapy, it is recommended that the participant seek the professional help he/she desires. The participant also agrees to hold the BOWA representatives and other participants free of all liability and responsibility for any actions or results.
COMMITMENT
BPP services work best when a client commits to the partner and the service over a time period. It is very difficult to realize the full benefits of professional BPP with a single interaction or session. Given time, the Participants have the opportunity to develop relationships that can greatly enhance approaches to business and personal relationships.
What you can expect from your BPP Sessions:
• New Weekly Topics
• Group BPP Sessions/Training
• Support from BOWA staff for any program issues and questions relating to sessions.
• Mindset Strategies and Implementation Techniques
• Time Management and Organizational Techniques
• A Safe and Confidential Environment for Support and Celebration
What BPP Participants should do:
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Be prepared and on time for your BPP sessions
• All homework and assignments completed by agreed upon due dates
• Open and honest communication with assigned partners
• Keep all personal information confidential if needed
• Be completely present during our time together by turning off mobile phones, emails and other distractions during sessions.
Session Day/Time:
Your BPP sessions for a specific day and time. Members agree not to record any part of the session without all participants acknowledgement.
BPP Breakout Rooms:
If assigned, you will interact with your partner in a breakout room. Please keep session to a maximum of (5) minutes. This is a voluntary session.
Confidentiality:
Conversations between you and your BPP are confidential. BPP Partners do not share information about their clients unless specifically directed to do so by the client or if BOWA has been subpoenaed by a court of law. BPP may, however, reference what clients have learned or are experiencing without identifying the client(s) by name.
Membership – Member agrees that they are entering a contract for membership for minimum of 12 consecutive months. Member agrees to pay the membership fees for each month of the membership in advance on the day of the month member originally signs up on. Member agrees to allow BOWA to automatically charge their method of payment on file for all membership fees. Member agrees that this agreement shall remain valid even if the member relocates or is otherwise inconvenienced by attendance at BOWA.
Initial Term – Member agrees that the initial term of this contract is the first partial month of membership plus twelve (12) additional renewal months of membership. Member agrees to pay the then prevailing rate of membership for the entire term.
Renewal and Renewal Term – Member agrees that this agreement will automatically renew for twelve (12) months at the end of the initial term and all subsequent renewal terms unless cancelled in writing.
Sign-up Fees: Any new membership may incur a sign-up fee of up to $199. A returning member who does not hold a currently valid membership is considered a new member. A Member can change from one type of memberships to another without new sign-up fees as long as the memberships succeed one another. Sign up fees are non-refundable.
Right of Rescission – Member has (1) session from the first day of the first session in the membership to cancel this Agreement without penalty or a $99 cancellation fee will apply. Any membership fees paid by the member before their notice of cancellation shall be retained by BOWA and shall not be refunded.
Ending Your PP Relationship:
If you elect to end your BPP relationship, you may cancel this agreement any time after the first six months. If client cancels before (6) months a $99 cancellation fee will be due. All cancellations may take up to 2 weeks to process. Cancellations must be in writing and faxed to (305) 572-7038.
You must provide BOWA written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to BOWA, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and BOWA reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of BOWA services, which the member has contracted.
Satisfaction Guarantee:
If you are experiencing any challenges whatsoever with our program, please contact our Customer Service Department at csd@bowaworld.com immediately.
If for any reason during the first week/session of your contract, our BPP program does not reach your expectations, we will gladly cancel membership without cancellation fee. After the first week trial, you are obligated to fulfill your contract.
No Show
If you miss a session, it is not BOWA’s responsibility to fill you in on what you missed.
Intellectual Property Rights
Neither the Agreement, these Terms and Conditions, nor the payment of any corresponding BPP fees in respect to the BPP activities, gives rise to, or shall give rise to, the creation of, the assignment to, or transfer of, any intellectual property rights in or to the BPP activities for, in favor of, or in respect of, the participant. In particular, nothing in these Terms and Conditions. BPP Participant may not share any information or process, or links, contact information or student info with anyone outside of their session participants. If BOWA becomes aware of any breach the BPP participants will be eliminated from program and fees for entire year will be due or what ever is left in the annual agreement.
PHOTO/VIDEO RELEASE: You hereby grant BOWA, its representatives, employees, or agents the right to take photographs and video footage of you while in class and to use and publish these photos or videos in print and/or electronically. You agree that BOWA may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
Agreement
If this gives rise to any subsisting or created intellectual property rights (other than in favor of the BOWA Power Partners) in relation to processes, techniques, presentations, methodologies, precedents and materials used by the BOWA in the BPP activities, all materials relating to the BPP Program are subject to copyright and further intellectual property rights. The copyright in all such materials remains the property of BOWA and may not be recorded, used, distributed, amended, or reproduced, under any circumstances. To do so is breaking Intellectual Property Law, and the participant may be prosecuted by BOWA for damages caused. You agree not, at any time, to do anything that would infringe Intellectual Property Law. Any unresolved disputes regarding this agreement shall be settled by binding arbitration before a single arbitrator, using the Commercial Rules of the American Arbitration Association, in Miami, Florida. The laws of Florida, county of Miami- Dade shall govern this Agreement.
Updated 07/2020