Terms and conditions for BK Modules

Interpretation and definitions

1.1 Definitions

For the purposes of these Terms and Conditions:

Acceptance of terms

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

You represent that you are at least 18 years old and have the full right, power, and authority to enter into this Agreement. The Company does not permit those under 18 to use the Service.

Use license and restrictions

3.1 License grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Service for lawful purposes only.

3.2 Prohibited uses

You agree not to:

• Use the Service for any unlawful purpose or to solicit others to take unlawful actions
• Violate any international, federal, provincial, or state regulations, rules, or laws
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• Use any device, software, or routine that interferes with the proper working of the Service
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service

Intellectual property rights

4.1 Our intellectual property

The Service and its original content, features, and functionality are and will remain the exclusive property of BK Modules and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

4.2 User content

By posting or uploading content to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

Products and services

5.1 Product availability

All products and services are subject to availability. We reserve the right to discontinue any product at any time without notice.

5.2 Module licensing

Digital products including PrestaShop modules are licensed, not sold. Each license is subject to the specific terms provided with the product download.

5.3 Pricing and payment

• All prices are in USD unless otherwise stated
• Payment is required before product delivery
• We accept major credit cards and other payment methods as displayed
• All sales are final unless otherwise specified

User accounts

6.1 Account creation

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for any activities or actions under your account.

6.2 Account security

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your personal information.

Disclaimers and limitation of liability

8.1 "AS IS" service

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of liability

To the maximum extent permitted by applicable law, in no event shall BK Modules be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

8.3 Damage cap

Our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the date of the claim.

Indemnification

You agree to defend, indemnify, and hold harmless BK Modules and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees).

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Governing law and jurisdiction

These Terms shall be interpreted and governed by the laws of the State of New Mexico, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Albuquerque, New Mexico.

Dispute resolution

12.1 Informal resolution

Before filing a claim against BK Modules, you agree to try to resolve the dispute informally by contacting us first.

12.2 Binding arbitration

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

Force majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, wars, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.

Severability

If any provision of these Terms is held to be unenforceable or invalid, 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 will continue in full force and effect.

Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.