WEBSITE TERMS OF USE

Revised:  August 1st, 2013

• Your Acceptance

  Welcome to the Boker’s website (www.bokers.com or www.bokersbulletin.com) operated by Boker’s, Inc., a Minnesota corporation (“Boker’s”).  Boker’s website allows customers and potential customers to find out about Boker’s products and services and request information and quotes. By using and/or visiting the website, including all Content (as defined below) available through the website and any associated content such as email feeds and RSS feeds (collectively, the “Website”), you signify your agreement to these terms and conditions (the “Terms of Use”).

  If you request a quote or place an order, Boker’s, Inc. Terms and Conditions also apply to you.  In the event of any conflict between these Website Terms of Use and the Boker’s Inc. Terms and Conditions, the Boker’s Inc. Terms and Conditions shall apply.  Quotations on or obtained through the Website constitute an offer on the part of Boker’s Inc. to sell the type of goods described in the Quotation.  No contract shall be formed by reason of preparation and delivery of the Quotation.  No order shall be binding upon Boker’s Inc. until it is accepted.

  You acknowledge (a) that you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

  You affirm that you have the authority to accept this agreement on behalf of the company for which you work.  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

  ATTENTION:  PLEASE READ OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THIS WEBSITE.  ACCESSING ANY PART OF THE WEBSITE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

  We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website.  You agree that Boker’s shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website).  Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Use.

  These Terms of Use were last revised on August 1, 2013.  We may change these Terms of Use at any time.  Please review the Terms of Use each time you visit the Website.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

  These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you, in Sections 3 and 8-11.  Please review those sections (and all of other terms) carefully.

• Privacy Policy

  Our Privacy Policy describes the information Boker’s collects when you and others use this Website. It also describes how Boker’s uses any personal information you share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

• Links to and From the Website

  • The Website may contain links to third party websites that are not owned or controlled by Boker’s. Boker’s has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, Boker’s will not and cannot control or edit the content of any third-party site. BY USING THE WEBSITE, YOU EXPRESSLY RELEASE BOKER’S, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE BOKER’S PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of use for each other website that you visit.
  • Except as you have otherwise agreed with Boker’s, you may link to the Website from your website, subject to the following:  (1) you may not frame the Website or any portion of the Website (except you may do so with functionality provided by Boker’s, if any); (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Boker’s name and not any Boker’s logo; (4) you may not use any Boker’s logo in any way; (5) you may not use the link in any way that suggests that Boker’s is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Boker’s or damages its rights, reputation, or goodwill; and (7) we may terminate your right to link to the Website at any time for any reason or no reason.

• Website Access/Users Who Violate Terms of Use

  • Boker’s hereby grants you permission to use the Website as set forth in these Terms of Use and demonstrated by the Website’s functionality, provided that:  (1) you will not copy, download or distribute any part of the Website in any form or medium without Boker’s prior written authorization, except as permitted in Section 6 below; (2) you will not alter, modify, or make derivative works from any part of the Website without Boker’s prior written authorization, except as permitted in Section 6 below; and (3) you will otherwise comply with these Terms of Use.
  • Boker’s may, at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.

• Restrictions on Use of the Website

  In your use of the Website, you shall not:

  • provide false personal information or create an account for anyone other than yourself without permission;
  • If we disable your account, you will not create another one without our permission;
  • share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
  • assign or transfer your account or login information to anyone;
  • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
  • upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party.
  • use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
  • impersonate or misrepresent any person or entity or your affiliation with someone else;
  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website; or
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website.

  Boker’s will fully cooperate with any law enforcement authorities or court order requesting or directing Boker’s to disclose the identity of anyone violating these Terms of Use.

  Boker’s believes in children’s online safety and does not wish to receive information regarding children under 13 years old.  Therefore, you may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Website.  If you are under 13 years of age, then please do not attempt to submit any information to or use the Website.

• Intellectual Property Rights

  • Everything you see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Boker’s, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Boker’s owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. BOKER’S, INC. and the Boker’s logo , are registered trademarks of Boker’s, Inc.
  • Content on the Website is provided to you AS IS for your information and personal use only.  For your personal use, you may view, copy, and print pages of the Website.  Otherwise, unless specifically enabled by the Website’s functionality, Content may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Boker’s reserves all rights not expressly granted in and to the Website and the Content.  You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein for any commercial purposes.  You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Boker’s in writing.  You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Boker’s.  You may not build a business using the Content, whether or not for profit.  If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

• User Submissions

  • The Website may permit the submission of text, graphics, art work, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published or posted, Boker’s (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
  • You shall be solely responsible for your own User Submissions and the consequences of submitting them.  However, by submitting the User Submissions to Boker’s, you hereby grant Boker’s and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Boker’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels.
  • In connection with User Submissions, you represent and warrant that you will not:  (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Boker’s all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Boker’s or any third party; (iii) submit material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit material that is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions.

• Advertisements/Release

  Boker’s takes no responsibility for advertisements or any third party material posted on Boker’s website, nor does it take any responsibility for the products or services provided by advertisers, groups, partners or others that post profiles or other Content on the Website (“Advertisers”).  Any dealings you have with Advertisers found while using the Website are between you and the Advertiser, and you agree that Boker’s is not liable for any loss or claim that you may have against an Advertiser.

  YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE BOKER’S AND THE BOKER’S PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, YOUR TRANSACTIONS WITH USERS OF THE WEBSITE, ADVERTISERS, OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

• Warranty Disclaimer

  YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BOKER’S PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, ANY SERVICE PROVIDED BY BOKER’S, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY BOKER’S, AND ANY AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, BOKER’S DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES LINKED TO THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE BOKER’S SOFTWARE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS OR PARTNERS WILL MEET YOUR EXPECTATIONS. BOKER’S ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

• Limitation of Liability

  IN NO EVENT SHALL THE BOKER’S PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE OR BOKER’S PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR BOKER’S PRODUCTS OR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS, THIRD PARTY WEBSITES, AND/OR (VII) ERRORS OR OMISSIONS IN ANY CONTENT; OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOKER’S IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  The Website is controlled and offered by Boker’s from its facilities in the United States of America. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

• Indemnity

  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE BOKER’S PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR THE BOKER’S PRODUCTS OR SERVICES; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR BOKER’S ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR USING YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR ACCOUNT OR YOUR EMAIL ADDRESS; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE.  IF BOKER’S DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, BOKER’S WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO BOKER’S.

• Assignment

  These Terms of Use, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Boker’s prior written consent, but may be assigned by Boker’s without restriction and without notice to you.

• Modifications to Service

  Boker’s reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Boker’s shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

• Export Control

  Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

• Right to Limit or Refuse Fulfillment

  Boker’s, Inc. reserves the right, without prior notification, to limit the fulfillment of the quantity ordered on any item, to not fulfill the order, and/or to refuse service to any customer.  Verification of information may be required prior to the acceptance or fulfillment of any order.

• General

  You agree that: (i) the Website shall be deemed solely based in Minnesota, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Boker’s, either specific or general, in jurisdictions other than Minnesota. These Terms of Use shall be governed solely by United States and Minnesota law, without regard to conflict of law provisions. Any claim or dispute between you and Boker’s or its officers, directors, employees, agents, affiliates, licensors or suppliers that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Hennepin County, Minnesota. You further irrevocably agree to submit to the personal jurisdiction of the courts located within Hennepin County, Minnesota for the purpose of resolving all such claims or disputes. These Terms of Use and any other legal notices published by Boker’s on the Website, shall constitute the entire agreement between you and Boker’s concerning the Website. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Boker’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Boker’s reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

• Questions

  If you have questions, please contact Boker’s by emailing us at VisitorRelations@bokers.net or at 3104 Snelling Ave., Minneapolis, MN 55406.