Thank you for visiting ErnieElseBiltongUSA.com (the “Site”), a website owned and
operated by Bok Ventures, LLC. D/B/A ERNIE ELS BILTONG (“Ernie Else Biltong” or
“we,” “us,” “our,”). The Terms of Use (“Terms”) referenced herein apply to all use of our
website and/or any service(s) offered on the Site.
Please be advised that use of our Site serves as acceptance of and agreement
with these Terms of Use. Therefore, you should refrain from all use and access of
our Site if you do not agree with our Terms of Use and/or our Privacy Policy
published on the Site.
Ownership of this Site and its Content
This Site, including all content and/or intellectual property incorporated herein, including
but not limited to text, graphics, logos, images, or a combination thereof, and any
software used on the Site (“Content”), are considered intellectual property belonging to
us and is protected under applicable law, including but not limited to the laws of the
United States and other countries. All material on the Site that is not owned by us is
included with the permission of the rights owner and is protected pursuant to applicable
copyright and trademark laws. Furthermore, all user-submitted material, including but
not limited to comments, feedback, and reviews, will be and remain the exclusive
property of Ernie Els Biltong and we are entitled to use said material in whatever
manner and for whatever purpose we wish. Without restriction, we will be entitled to
exploit, use, make, copy, distribute, disclose, reduce to practice, display or perform
publicly, improve and/or modify any and all material submitted by users. As such,
please refrain from submitting material you are unwilling to permanently assign to us. As
a result of posting any material on the Site, you will be permitting us a worldwide, non-
exclusive, fully paid-up and royalty-free, fully assignable, transferable and sub
licensable license to use of the material. By posting content on the Site, you represent
and warrant that the posting of your content does not violate these Terms of Use or
applicable laws.
If not expressly permitted herein, none of the Site’s Content may be used, copied,
reproduced, distributed, republished, downloaded, modified, displayed, posted or
transmitted in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without our express prior written
permission. Unauthorized use of the Site or its content may violate copyright,
trademark, and applicable communications laws, and as such, is strictly prohibited
without prior written permission. You are prohibited from any use of the Site’s content
that would violate the rights of any third party, including but not limited to the sale,
licensing, and/or renting of said content for commercial use.
We hereby grant the personal, worldwide, non-exclusive, non-sublicensable and non-
transferrable permission, only to the extent necessary, to lawfully access and use this
Site and to display, download, or print portions of this Site on a provisional, non-
permanent basis and for noncommercial purposes only. All other uses are expressly
prohibited. This permission is revocable at any time without notice and without cause
and is provided subject to the following conditions: 1) you agree to not modify the
Content; 2) you agree to retain and abide by any and all copyright and other proprietary
notices contained in the Content; and 3) you agree to not copy or post the Content on
any network computer or broadcast the Content in any media, 4) you hereby agree and
warrant that you will not use the Site’s content for any unlawful purpose or purpose
prohibited by these Terms, 5) you agree to not use the Site in any manner that could
foreseeably impair or interfere with the use and enjoyment of the Site by others or could
in any way damage or otherwise adversely affect the Site, 6) you agree to not obtain
content from the Site that has not intentionally been made available to you.
Responsibility of User for User-Posted Content on or Through Our Site
If the functionality of the Site permits, you hereby agree to use the Site for its intended
purpose and to not post content that contains any element(s) of the following:
Violates or encourages violation of any applicable local, state, national, or
international law.
Links to materials or other content, directly or indirectly, to which you do not have
a right to link or that violates these restrictions;
Content containing information that could be used for identity theft purposes,
such as, but limited to, social security numbers, credit card, bank account or
other financial information, driver’s license numbers, security codes or
passwords;
Content that you know to be (or should reasonably know to be) deceptive, false,
or misleading;
Content in violation of any copyright, trademark rights, patent rights, rights in
know-how, privacy or publicity rights, trade secret rights, confidentiality rights,
contract rights, or other rights of any individual or legal entity;
Content that solicits personal or private information;
Contenting containing advertising, promotions or marketing, or which otherwise
has a commercial purpose; or
Content containing software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
Content that is harmful; hateful; threatening; abusive; harassing; defamatory or
libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially,
ethnically or otherwise objectionable or offensive; inappropriate; invasive of
another’s privacy or inflammatory.
ERNIE ELS BILTONG OR ITS AFFILIATES SHALL, UNDER NO CIRCUMSTANCES,
BE LIABLE IN ANY MANNER FOR ANY USER CONTENT POSTED ON OR MADE
AVAILABLE THROUGH THE SITE.
ELECTRONIC COMMUNICATIONS
Any use of the Site or email correspondence with us constitutes electronic
communication, the receipt of which you hereby provide consent as is necessary to
satisfy applicable legal requirements, including but not limited to the legal requirement
that the following communication be in writing: agreements, notices, disclosures and
other electronic communications, via email and/or on the Site. To opt out of receiving
marketing emails from us, you agree to provide us with notice of your decision to opt out
via email, with the understanding that there may be certain notices, including but not
limited to legal notices and automatically generated notices, that cannot not be
discontinued without the deactivation of your account.
WARRANTY
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS
SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR
PROMOTED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER
CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ERNIE ELS BILTONG, ITS AFFILIATES, AND
THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING
TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS
ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE
SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY
TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF
ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE
POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE
COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES,
SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF
OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS,
LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR
ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER
ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF
USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT;
LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER
LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS SITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER
NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE
BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
The limitation and exclusion of liability set out in these Terms of Use shall apply to the
fullest extent permitted by the laws within each and every applicable jurisdiction. Your
statutory rights as a consumer, if any, are not affected by the provisions included herein
and we do not intend to exclude or limit liability for fraudulent misrepresentation.
CONTENT ACCURACY
You understand that we make no representations about the accuracy, dependability,
comprehensiveness, or relevance of any of the Site’s content or any information from a
third party, or the quality or nature of third party products or services obtained through
the Site. While Ernie Els Biltong possesses the right to review any and all user content,
it is understood that we do not have any obligation to do so.
AVAILABILITY OF CONTENT
We have the right to change, suspend or discontinue the Site, or any portion or aspect
thereof, at any time, without notice or liability. This right hereby reserved shall be utilized
in our sole discretion, at any time and for any reason, including but not limited to, upon
receipt of a claim or allegation from a third party or the authorities relating to such
content.
MOBILE SERVICES
To the extent you access the Site through a mobile device, your wireless service
carrier’s standard charges, data rates and other fees may apply. Furthermore, certain
restrictions may be applied by your service carrier over which we have no control. By
using a mobile devise to access our Site, you agree that we may communicate with you
through electronic means to your mobile device and that certain information about your
usage of any mobile services we provide may be communicated to us. In the event you
change or deactivate the mobile telephone number associated with your account, you
hereby agree to promptly update your account information as needed in order to ensure
that messages intended for you are not sent to the incorrect person.
THIRD-PARTY WEBSITES LINKS
The Site may feature links to third party websites and applications. We are unable to
control third- party websites, and as such, we are not responsible for the availability of
those websites nor do we endorse or are we responsible or liable for any content or
material available on said Sites. By using these third party sites, you assume all risk and
we disclaim all liability arising from your use of these websites and applications and we
are not responsible, directly and/or indirectly, for any damage or loss caused or alleged
to be caused as a result of the use of or reliance on such websites.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use will be governed under the laws of the State of Florida without
regard to its conflicts of law provisions. Any action or proceeding related to or arising
from use of the Site, or content included within the Site, will be venued exclusively in
state or federal court in the County of Broward, Florida. You hereby irrevocably consent
and submit to the personal jurisdiction of the aforementioned courts for all such
purposes but hereby agree that we retain the right, in our sole discretion, to initiate legal
proceedings in any jurisdiction where the violation of these Terms of Use are believed to
be occurring.
Furthermore, you hereby agree to use diligent efforts to contact us directly regarding
any claim or controversy prior to the initiation of any legal proceeding involving us in any
way whatsoever.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our directors, officers,
shareholders, employees, agents, representatives, affiliates, distributers, partners, and
third party users from all liabilities, claims, and expenses, including reasonable
attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site
in violation of these Terms, or infringement by you, or any third party acting or
appearing to act on your behalf, of any intellectual property or other right of any person
or entity. We reserve the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will assist and
cooperate with us in asserting any available defenses. You are responsible for any
claims, fees, fines, penalties, and other liability incurred by us or others caused by or
arising out of your breach of these Terms and your use of the Site.
OTHER AGREEMENTS
You may be asked to consent to the application of special terms and conditions
governing the use of special features associated with the Site that exist or may exist in
the future. If the special terms are in any way contradictory to the terms contained within
these Terms of Use, the special terms will replace, update, modify, supplement, and/or
supersede these Terms of Use only to the minimum extent necessary.
ENTIRE AGREEMENT
It is understood that these Terms constitute the entire agreement between us and you
regarding your use of the Site, and supersede all prior or contemporaneous
communications between you and us with respect to use of the Site
SEVERABILITY
If any provision within these Terms is found to be unenforceable and/or invalid, the
provision in question will be limited or eliminated to the minimum extent necessary so
that these Terms will otherwise remain in full force and effect and enforceable. If
necessary, the parties further agree to replace such provision with a provision that is
valid and enforceable and/or comes closest to expressing the intention of the invalid or
unenforceable provision. Failure to exercise any right provided for herein shall not be
deemed a waiver of any further rights hereunder.