Bottango TERMS OF USE

LAST UPDATED: April 3, 2020

  1. DEFINITIONS

    1. “Bottango” means Bottango, LLC, a Washington limited liability company.

    2. “Bottango Parties” means the officers, members, employees, agents, and representatives of Bottango.

    3. “Bottango Software” means any software made available by Bottango through or in connection with the Site.

    4. “Content” means all text, links, graphics, images, photos, audio, video, information, and other materials made available on or through the Site.

    5. “IP Rights” means any and all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets and patents, as well as know how contained in or relating to the Site.

    6. “You” or “Your” means the end user of the Site.

    7. “Site” means the Bottango website, located at www.bottango.com.

    8. “Terms” means these Terms of Use.

    9. “User Content” means any materials posted or otherwise made available on or through the Site by You.

  2. WAIVER OF JURY TRIAL

    1. EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

  3. ACCEPTANCE. 

    1. Your access to and use of the Site is governed by these Terms. By accessing or using the Site, You agree to be legally bound by all of the terms and conditions of these Terms. Your use of the Site is also subject to the terms of the Bottango Privacy Policy (www.bottango.com/privacy). If You do not agree to these Terms and the Privacy Policy, You may not access or use the Site.

    2. Your use of any Bottango Software shall be subject to the terms and conditions of the separate end user license agreement for the Bottango Software.

    3. If You reside in a jurisdiction which restricts the ability to enter into agreements such as these Terms according to age and You are under the age limit, You may not enter into these Terms or access or use the Site. By accessing or using the Site, You explicitly represent and warrant that You have verified that Your use of the Site is allowed in Your own jurisdiction and You shall stop accessing and using the Site in such jurisdiction if such use becomes illegal in such jurisdiction during the term.

  4. LICENSE AND RESTRICTIONS

    1. License. Bottango grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely in accordance with these Terms. All rights not expressly granted in these Terms are reserved by Bottango. The resale or distribution of materials made available by us through the Site without Bottango’s express, written consent, is prohibited.

    2. Compliance with Applicable Laws. You agree to comply with all local, state, national, and international laws, rules and regulations applicable to Your use of the Site.

    3. Restrictions. In connection with Your access to and use of the Site, except as expressly authorized in these Terms, You are prohibited from:

      1. using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);

      2. using any device, software or routine to interfere or attempt to interfere with the proper working of the Site;

      3. copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of the Site or Content, excluding Your User Content;

      4. distributing viruses, malicious code, malware or any other technologies that may harm the Site or any user of the Site;

      5. violating or circumventing any applicable laws or regulations, or any technical measures, security measures or policies of the Site;

      6. violating, infringing, or breaching the rights of Bottango or a third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights; or

      7. submitting to or through the Site any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or information.

    4. You may use documents related to Bottango Software (such as specifications and instructions on use) purposely made available by Bottango for downloading from the Site, provided that You (i) do not remove any proprietary notice language in such documents, (ii) use the documents only in connection with Your authorized use of the Bottango Software, and (iii) do not modify the information.

  5. OWNERSHIP AND IP RIGHTS

    1. Site and Content. You acknowledge and agree that, as between You and Bottango, all IP Rights to or arising from the Site and the Content, excluding Your User Content, are and shall remain the exclusive property of Bottango and/or its licensors. Nothing in these Terms is intended to or does transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the Site as authorized in this Agreement. You acknowledge and agree that any infringement or misappropriation of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, which may include without limitation copyright laws and trademark laws.

    2. User Content. Certain features of the Site may permit You to submit User Content to be made available on or through the Site. By submitting User Content, You are not forfeiting any ownership rights You may have in the User Content. However, by submitting User Content, You hereby grant Bottango a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content, including throughout the world in any media, as necessary (a) to provide, maintain and improve the Site; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as authorized by You. You represent and warrant that You own or have obtained all necessary rights and/or licenses to User Content that You submit, and that our use of such User Content as authorized under these Terms does not violate or infringe upon the rights of any person or entity. You are solely responsible for backing up and/or making copies of any User Content You submit. Bottango will not be responsible for any loss, destruction, alteration or disclosure of Your User Content.

    3. Trademarks and Copyright. “Bottango” and the Bottango logo are trademarks of Bottango. The Site, Content and Bottango trademarks are protected by copyright, trademark, trade dress and/or other state, national and international intellectual property laws.

  6. THIRD PARTIES; THIRD-PARTY CONTENT AND SERVICES

    1. References on the Site to any third parties or any products or services of such third parties, are provided solely as a convenience to You. Bottango does not endorse, recommend, approve of or make any representations or warranties regarding any third parties, their websites or their products or services. Bottango is not responsible for the content of any third-party websites. If You decide to follow a link to any third-party website, You do so entirely at Your own risk.

  7. PRIVACY

    1. Bottango’s Privacy Policy (www.bottango.com/privacy) applies to use of the Site, and its terms are made a part of these Terms by this reference. Notwithstanding anything else in these Terms or the Privacy Policy, You acknowledge and agree that transmissions made over the Internet are never completely private or secure and Bottango provides no guarantee of privacy or security. You understand that any communications or information, including User Content, You submit to the Site may be read or intercepted by others.

  8. WARRANTY DISCLAIMER

    1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE IS PROVIDED BY BOTTANGO ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOTTANGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, CONTENT OR INFORMATION OFFERED ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOTTANGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BOTTANGO DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL ALWAYS BE AVAILABLE OR RELIABLE OR WILL MEET YOUR NEEDS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS, AND YOU ACKNOWLEDGE THAT BOTTANGO WOULD NOT HAVE AGREED TO MAKE THE SITE AVAILABLE TO YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.

  9. LIMITATION OF LIABILITY

    1. IN NO EVENT SHALL BOTTANGO BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY, OR LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT BOTTANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    2. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE.

    3. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  10. INDEMNIFICATION 

    1. You agree to indemnify, defend and hold harmless Bottango and the Bottango Parties from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by You. Bottango reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Bottango in asserting any available defenses.

  11. CHANGES TO OR SUSPENSION OF THE SITE

    1. Bottango reserves the right to modify the Site, or cease making the Site available, at any time, with or without notice to You. For example, Bottango may modify, add or remove functionality or features, and we may suspend or stop a particular feature altogether. Bottango also reserves the right to charge a fee for any of our features at any time. If You don’t agree to any changes, You may stop using the Site at any time.

  12. TERMINATION

    1. These Terms shall remain in force and effective unless and until terminated by either You or us. You may terminate these Terms at any time by providing written notice to us, via email to legal@bottango.com, and ceasing all access to and use of the Site. We may terminate these Terms immediately, with or without notice, and/or may deny You access to the Site, in our sole discretion, in the event You breach, or threaten to breach any provision of these Terms. Upon any termination of these Terms, You must immediately discontinue use of the Site. Even after Your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive termination, will survive, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

  13. GENERAL PROVISIONS

    1. Bottango administers and operates the Site from its location in Seattle, Washington, U.S.A. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Bottango reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If You choose to access the Site from outside the United States, You do so on Your own initiative and You are solely responsible for complying with all applicable local laws

    2. Consent to Electronic Communications. You consent to receive communications from Bottango electronically. If You are located in the EU, Bottango will use the personal data You have submitted to communicate with You electronically when necessary to perform our agreement with You, based upon our legitimate interest, or when You have otherwise provided consent. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.

    3. Notices. Notices required to be provided to You shall be sent to any email address You provide to Bottango, if any. If You have not provided an email address to Bottango, notice posted on the Site shall constitute notice to You. Notices to Bottango shall be sent to: legal@bottango.com.

    4. Revisions to Terms of Use. Bottango reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is Your responsibility to check these Terms periodically for any changes. Your continued use of the Site following the posting of changes constitutes Your acceptance of these Terms as revised.

    5. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

    6. No Waiver. The failure of Bottango at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Bottango.

    7. Assignment. You may not assign these Terms or any of Your rights hereunder. Bottango may assign these Terms or any of its rights hereunder to any third party, with or without notice to You.

    8. Governing Law; Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A. without giving effect to the conflict of laws provisions thereof. Any legal proceedings arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.