Bethlehem Sausage Werke - Terms of Use

Agreement between user and Bethlehem Sausage Werke - http://www.bswstore.com

The http://www.bswstore.com website (the "Site") is comprised of various internet technologies operated by Bethlehem Sausage Werke, Inc. ("BSW"). The Site enables BSW to promote and sell products and services to retail and wholesale customers through e-commerce. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy
Your use of the Site is subject to BSW's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting the Site or sending emails to BSW constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BSW is not responsible for third party access to your account that results from theft or misappropriation of your account. BSW and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Links to Third Party Sites / Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BSW and BSW is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BSW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BSW of the site or any association with its operators.

No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BSW that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BSW or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative Werke, or in any way exploit any of the content, in whole or in part, found on the Site. BSW content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BSW or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by BSW from our offices within the USA. BSW makes no representation that content provided or products and services offered on the Site are applicable to, or appropriate for use in, locations outside of the United States.

Indemnification
By using the BSW Site, you expressly agree that use is at your sole risk. You agree to indemnify, defend and hold harmless BSW, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BSW reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BSW in asserting any available defenses.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BETHLEHEM SAUSAGE Werke, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

BETHLEHEM SAUSAGE Werke, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BETHLEHEM SAUSAGE Werke, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETHLEHEM SAUSAGE Werke, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BETHLEHEM SAUSAGE Werke, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Site Content
BSW reserves the right to change prices and the availability of products and services without notice. BSW also reserves the right to revoke any offer and to correct any errors even after an order has been submitted. This right applies whether or not an order has been confirmed and credit card charges are processed. If your credit card has been charged for a purchase in which an order is cancelled, BSW will issue a credit in the amount of the charge to your credit card account. Specific bank guidelines will determine when the credit is applied to your account.

Coupons / Rewards / Gift Cards / Promotional Offers
Coupons, Rewards, Gift Cards, and Promotional Offers issued by BSW are subject to the terms and conditions that apply to each specific offer.

Order Validation / Rejection / Limitation
Upon placing an order with BSW we will validate the information you provide and verify your method of payment or address. BSW reserves the right to reject any order, or limit the quantity, without being required to provide a reason. BSW will attempt to notify customers of order rejection or quantity limitation. Typically your card will not be charged for rejected orders. If, however, you are charged for a rejected order we will refund the charge.

Shipping
All orders placed on this site are subject to product availability and will be shipped according to BSW shipping policies. Please refer to our shipping information page for shipping rates, procedures, and other relevant shipping details.

Termination / Access Restriction
BSW reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

BSW's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BSW's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BSW with respect to such use.

Entire Agreement
This agreement constitutes the entire agreement between the user and BSW with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BSW with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Changes to Terms
BSW reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. BSW encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
BSW welcomes your questions or comments regarding the Terms:

Bethlehem Sausage Werke, Inc.
110 Mort Drive
Easton, Pennsylvania 18040


Email Address:
support@bswstore.com

Effective as of November 07, 2013