Terms & Conditions
 
Welcome to Bwanaz.com. Bwanaz Services LLC and/or its affiliates (" Bwanaz") provide website features and other products and services to you when you visit or shop at Bwanaz.com, use Bwanaz products or services, use Bwanaz applications for mobile, or use software provided by Bwanaz in connection with any of the foregoing (collectively, " Bwanaz Services"). Bwanaz provides the Bwanaz Services subject to the following conditions.
 
Bwanaz.com is a wholesale only marketplace.

By using Bwanaz Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Bwanaz Services, and sometimes additional terms may apply. When you use a Bwanaz Service (for example, Your Profile, Gift Cards, Bwanaz Video, Your Media Library, Bwanaz devices, or Bwanaz applications), you also will be subject to the guidelines, terms, and agreements applicable to that Bwanaz Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY
Please review our Privacy Notice, which also governs your use of Bwanaz Services, to understand our practices.

USE OF THE BWANAZ SITES
You certify that the information you provide on the Bwanaz Sites is accurate and complete.  You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify Bwanaz immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Bwanaz Sites, or any portion of the Bwanaz Sites, at any time without notice.

Bwanaz and its affiliates have no liability to you for content on the Bwanaz Sites that you find offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, and computer games are labeled with age restrictions and may be intended for mature audiences only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.
 
We sell products for children’s use; however, these products are intended for selling to adults.  If you are under the age of majority in your jurisdiction, you may use the Bwanaz Sites only with involvement of a parent or guardian.  Individuals may use the Bwanaz Sites to create the gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
 
You are prohibited from:
  • Violating or attempting to violate the security of the Bwanaz Sites;
  • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Bwanaz Sites; or
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Bwanaz or other third-party web browsers) to navigate or search the Bwanaz Sites.  

ELECTRONIC COMMUNICATIONS
When you use Bwanaz Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Bwanaz Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

COPYRIGHT
All content included in or made available through any Bwanaz Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Bwanaz or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Bwanaz Service is the exclusive property of Bwanaz and protected by the U.S. and international copyright laws.

TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Bwanaz Service are trademarks or trade dress of Bwanaz in the U.S. and other countries. Bwanaz's trademarks and trade dress may not be used in connection with any product or service that is not Bwanaz's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bwanaz. All other trademarks not owned by Bwanaz that appear in any Bwanaz Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bwanaz.

PATENTS
One or more patents owned by Bwanaz apply to the Bwanaz Services and the features and services accessible via the Bwanaz Services. Portions of the Bwanaz Services operate under license of one or more patents. 

COLORS
Bwanaz strives to display as accurately as possible the colors of the products shown on the Site; however, Bwanaz cannot and does not guarantee that your monitor’s display of any color will be accurate.

INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Bwanaz, one of its affiliates or by third parties who have licensed their materials to Bwanaz and are protected by U.S. and international trademark and copyright laws.  You may access, view, download, and print the IP and all other materials displayed on the Bwanaz Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner.  No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Bwanaz Sites or your accessing, viewing, downloading, or printing of the IP.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Bwanaz Sites or any related software.  All software used on the Bwanaz Sites is the property of Bwanaz or its suppliers and protected by U.S. and international copyright laws.  The IP and software on the Bwanaz Sites may be used only as a shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site, is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of all IP on the Bwanaz Sites is the exclusive property of Bwanaz and is also protected by the U.S. and international copyright laws.

Bwanaz, the Bwanaz.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Bwanaz Sites are trademarks or trade dress of Bwanaz in the U.S. and other countries.  All other marks are the property of their respective companies.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Bwanaz or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Bwanaz Services. This license does not include any resale or commercial use of any Bwanaz Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Bwanaz Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Bwanaz or its licensors, suppliers, publishers, rightsholders, or other content providers. No Bwanaz Service, nor any part of any Bwanaz Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express wrote consent of Bwanaz. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bwanaz without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bwanaz's name or trademarks without the express written consent of Bwanaz. You may not misuse the Bwanaz Services. You may use the Bwanaz Services only as permitted by law. The licenses granted by Bwanaz terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT
You may need your own Bwanaz account to use certain Bwanaz Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Bwanaz does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Bwanaz Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Bwanaz Household. Alcohol listings on Bwanaz are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Bwanaz reserves the right to refuse service, terminate accounts, terminate your rights to use Bwanaz Services, remove or edit content, or cancel orders in its sole discretion.

INFORMATION PROVIDED ON THE BWANAZ SITES
Bwanaz and our customers post a variety of material on the Bwanaz Sites including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, "Materials”).  The Materials that appear on the Bwanaz Sites are for educational and informational purposes only.  Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Before you act on information you have found on the Bwanaz Sites, you should confirm any facts that are important to your decision.  Bwanaz and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Bwanaz Sites.  Bwanaz is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.  Product information contained on the Bwanaz Sites may be different from the information contained in the product materials due to manufacturer changes.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).  

No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment, and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe for you.  Consult the product information (including package inserts) regarding dosage, precautions, warnings, and interactions and your medical professional for guidance before using any prescription or over the counter drug.

BWANAZ, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE BWANAZ SITES.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bwanaz reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Bwanaz a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bwanaz and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bwanaz for all claims resulting from content you supply. Bwanaz has the right but not the obligation to monitor and edit or remove any activity or content. Bwanaz takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS
Bwanaz respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement.

RISK OF LOSS
All purchases of physical items from Bwanaz are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE
Bwanaz does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Bwanaz does not take title to the refunded item. 

PRODUCT DESCRIPTIONS
Bwanaz attempts to be as accurate as possible. However, Bwanaz does not warrant those product descriptions or other content of any Bwanaz Service is accurate, complete, reliable, current, or error-free. If a product offered by Bwanaz itself is not as described, your sole remedy is to return it in unused condition.

ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  Prior to accepting an order, we may also request additional information from you.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Bwanaz may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will not be charged for most orders until the order has shipped.  Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store "Cash” payment method.

Bwanaz reserves the right to limit the quantity of items purchased per person, per household or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.  We will notify you should such limits be applied.  Bwanaz also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Bwanaz for the purpose of engaging in a commercial sale of that same product(s) with a third party.

PRICING
"List Price" means the suggested wholesale price of a product as provided by a manufacturer, supplier or seller. We regularly check List Prices against prices recently found on Bwanaz and other wholesale marketplace. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Bwanaz.

With respect to items sold by Bwanaz, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Bwanaz is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

PROMOTIONAL CODES
Promotional codes are limited in nature and may expire or discontinue or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

APP PERMISSIONS
When you use apps created by Bwanaz, such as the Bwanaz App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. 

SANCTIONS AND EXPORT POLICY
You may not use any Bwanaz Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Bwanaz Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Bwanaz Software), technology, and services.

OTHER BUSINESSES
Parties other than Bwanaz operate stores, provide services or software, or sell product lines through the Bwanaz Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Bwanaz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BWANAZ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BWANAZ SERVICES ARE PROVIDED BY BWANAZ ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. BWANAZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BWANAZ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BWANAZ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BWANAZ SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BWANAZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BWANAZ DOES NOT WARRANT THAT THE BWANAZ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BWANAZ SERVICES, BWANAZ'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BWANAZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BWANAZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BWANAZ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BWANAZ SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES
Any dispute or claim relating in any way to your use of any Bwanaz Service, or to any products or services sold or distributed by Bwanaz or through Bwanaz.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 20459 Valley Blvd, Walnut, CA 91789. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Bwanaz will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at other mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

APPLICABLE LAW
By using any Bwanaz Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bwanaz.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Bwanaz Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ADDITIONAL BWANAZ SOFTWARE TERMS
The following terms ("Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Bwanaz Services (the " Bwanaz Software"). 
  1. Use of the Bwanaz Software. You may use Bwanaz Software solely for purposes of enabling you to use the Bwanaz Services as provided by Bwanaz, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Bwanaz Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Bwanaz Software in whole or in part. All software used in any Bwanaz Service is the property of Bwanaz or its software suppliers and is protected by the United States and international copyright laws.
  2. Use of Third Party Services. When you use the Bwanaz Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Bwanaz Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the Bwanaz Software at any time and without notice to you.
  5. Government End Users. If you are a U.S. Government end user, we are licensing the Bwanaz Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Bwanaz Software are the same as the rights we grant to all others under these Conditions of Use.
  6. Conflicts. In the event of any conflict between these Conditions of Use and any other Bwanaz or third-party terms applicable to any portion of Bwanaz Software, such as open-source license terms, such other terms will control as to that portion of the Bwanaz Software and to the extent of the conflict.