Terms & Conditions

Terms & Conditions:

**Last Updated: June 1, 2020** Please carefully read the following Terms of Use before using the www.BOKMANMD.com website. Individuals must be 18 years of age or older (or the age of majority in your state) to use this website and you warrant that you are 18 years of age or older. The www.BOKMANMD.com website and Bokman MD (TM) are exclusive properties of the LLC. By accessing and/or using and/or purchasing items from the site, you are agreeing to the Terms of Use. By agreeing to the Terms, you are also agreeing that any claims made by the www.BOKMANMD.com website and BOKMAN MD (TM) are the responsibility of the LLC and not of Dr. Bokman or Dr. Christine Bokman. Any claims made against the www.BOKMANMD.com website and Bokman MD (TM) are the responsibility of the LLC, and by agreeing to the Terms of Use, you release Dr. Christine Bokman from any responsibilities, claims, or lawsuits. If you do not agree to these Terms of Use, you may not use this site, which includes the purchasing of products through the site. The LLC reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates. **Copyright** All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the LLC or its content suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of BOKMANMD.com for the sole purpose of placing an order with BOKMANMD.com or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of BOKMANMD.com is strictly prohibited. **Trademarks** All trademarks, logos, service marks and trade names on this website are proprietary to the LLC or other respective owners that have granted the LLC the right and license to use such intellectual property. Unauthorized use thereof, whether or not such use is tied to any commercial endeavors, is strictly prohibited. **Disclaimer** The information, services, products offered for sale and materials contained in and/or advertised on BOKMANMD.com, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LLC AND ITS PARENT, SUBSIDIARIES, AGENTS, AFFILIATES, SUPPLIERS, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, the LLC and its suppliers do not represent or warrant that the information accessible via BOKMANMD.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice. **Product Information, Pricing, and Customer Orders Fulfillment** *__Product Information.__* The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website. *__Pricing.__* The prices displayed on the website are quoted in U.S. dollars and are valid and effective only in the United States. We reserve the right, without prior notice, to discontinue or change product specifications and pricing at our sole discretion. While we strive to ensure accurate, error-free pricing, we reserve the right to modify or revoke any offer to correct any errors, inaccuracies, or omissions. This includes changes/corrections after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. We further reserve the right to modify, suspend, or terminate any and all promotions, offers, or sales due to circumstances that may limit or otherwise restrict our ability to fulfill an order including, but not limited to: (i) technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; and (ii) any human error that may occur regarding promotions, offers, or sales. *__Order Fulfillment.__* Your order is expressly conditioned on acceptance of the Terms of Use. You must be 18 years of age (or the age of majority in your state) to purchase our products or merchandise. If you order a product, payment must be received by us prior to our acceptance and execution of the order. In the event certain customer information is missing or incorrect, we may require additional information in order to fulfill your order as further described below. *__Wholesale Orders Prohibited.__* We do not accept wholesale orders in any form or manner and such sales are strictly prohibited. In the event we discover that an order has been made with the intent to resell items offered on the website, or that an order has been made with the intent to engage in fraudulent activities of any kind, we reserve the right to immediately cancel the order, suspend or terminate the corresponding account, and pursue any and all legal remedies available to us under applicable law. *__Shipping and Handling; Taxes.__* With the exception of limited-time promotional offers that include free shipping and handling, we will add applicable shipping and handling fees to your order. Unless otherwise noted, we will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that those are our good-faith estimates and may be subject to change. We are required to collect applicable state and local sales tax on orders shipped to certain states and we are required to follow the rules of each state. Your order will include the appropriate state and local taxes as required by law. **Automatic Renewal Terms** If you are placing an order online or by telephone as part of our automatic renewal program, your participation will remain in effect until it is cancelled. We may, in our sole discretion, terminate your participation in the program at any time without notice to you.  IF YOU SUBSCRIBE TO OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO AT ANY TIME BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone number listed on the website under Customer Service.  **Privacy** By using cookies and other methods, BOKMANMD.com automatically recognizes the user’s IP address and collects information regarding which pages are visited and other aggregate information. Static IP addresses are considered personal information. For mobile users accessing the website, we automatically collect your Unique Device Identifier which is also considered personal information. However, the user cannot be recognized as a specific individual simply from a UDI or Static IP address. We collect personally identifiable information volunteered by the user for promotions, e-commerce, or interactive elements. We may share your personally identifiable information with third parties authorized by us for the purpose of enabling us to provide services to you and to analyze the user data collected. Aside from these authorized third parties, we will not release credit card, financial, or personally identifiable information to any third parties. For more information regarding our privacy policy, please visit our "Privacy" page. **User’s Testimonials** You will retain your ownership interest in all reviews, comments or other submissions (“User Materials”) that you provide to the LLC on or about this site, or otherwise submitted in connection with your use of the website or the LLC’s products or services. Notwithstanding the foregoing, you hereby grant to the LLC and its agents, affiliates, suppliers, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all such User Materials in any manner and for any purpose.  All such User Materials are, and will be treated as, non-confidential and non-proprietary. The LLC may not be able to review all User Materials submitted and nothing herein requires Company to use, review or distribute User Materials provided by a user. You represent and warrant that prior to submission, you own the User Materials submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said User Materials on this website does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Further, by providing User Materials, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold the LLC, together with the Released Parties, harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the User Materials. **the LLC’s Electronic Communications to You** You agree that the LLC is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the BOKMANMD.com site or the LLC’s products or services, or for such other lawful purpose(s) as the LLC deems appropriate. **Links to Other Web Sites** This website may contain links to websites other than our own. The LLC does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The LLC does not control the content of these sites and takes no responsibility for their content, nor should it be implied that the LLC endorses or otherwise recommends such sites or the products or services offered.  These third party websites will have their own terms of use and privacy policies and we suggest you read them prior to using the website. **No Warranties** THIS WEBSITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.  EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SITE.  WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE. **Limitation of Liability** IN NO EVENT SHALL the LLC, DR. CHRISTINE BOKMAN, OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THE LLC, DR. CHRISTINE BOKMAN, OR THE RELEASED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS OF USE, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. **Applicable Law and Arbitration** Except to the extent pre-empted by federal or other applicable state law, these Terms of Use shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof.  Users agree thatall claims, disputes or controversies shall be resolved by final and binding arbitration to be conducted in the County of Lee, State of Florida. You, Dr. Christine Bokman, and the  LLC are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS comprehensive arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the terms of these Terms of Use and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user, Dr. Christine Bokman, nor the LLC shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.     Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages, other than actual out-of-pocket expenses, and further waive all rights to have damages multiplied or increased.   You may opt out of the arbitration provision contained in this agreement by notifying the LLC in writing at bokmanmd@gmail.com of your election to opt-out within 30 calendar days from the date of first use of BOKMANMD.com  **Miscellaneous** If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms of Use. **Digital Millennium Copyright Act** the LLC as an interactive service provider and is not liable for any and all claims resulting from the use of User Material. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized User Material has been posted on this website, please notify us by email with the subject line stating “Copyright.”  The DMCA notice MUST include the following information: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) and the following statement:  “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law.  I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”