Terms of Service
TERMS OF SERVICE
Effective Date: May 25, 2018
- Ownership. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected in the U.S., and internationally, under trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users (e.g. product reviews). We take no responsibility and assume no liability for any content posted by users or any third party.
- Use License. We grant you a limited, non-exclusive, non-transferable, and revocable license to access the Site. You must not reverse engineer, disassemble or decompile any part of our Site, except and only to the extent that the applicable law expressly permits doing so.
- DMCA Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Site will be investigated if reported to us via email: _____________@________. If we believe that any material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
By using this Site, you represent, warrant and agree that:
- If you place an order, you have a full capacity to form a legally binding contract.
- You will provide a valid payment method information when necessary and pay all sums due when due.
- The title to the items purchased does not transfer to you until we have received payment in full.
- You are responsible for all activity that occurs under your account.
- You are responsible for keeping your login credentials confidential. You will not attempts to obtain other users’ login credentials.
- You will not submit any untrue or misleading information to the Site, during registration and afterwards. You will update your information as necessary to maintain its accuracy.
- Our Site may contain typographical errors or other inaccuracies.
- Submission of untruthful product reviews, articles or other content may result in account termination. We may reject, erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
- Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- You will not access our Site in order to gain a competitive advantage.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
- All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Service.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity.
REMEDIES FOR BREACH OF THESE TERMS
- We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Service or available under equity or law.
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. UNLESS EXPRESSLY STATED OTHERWISE ELSEWHERE ON OUR SITE, WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR AN ALLEGEDLY UNSATISFACTORY ITEM. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, product reviews, posts, articles, and images, (ii) your breach of these Terms, any law or regulation, (iii) your infringement of any intellectual property or privacy right of any person or entity, and (iv) any sale of items you conducted using our services.. This indemnification provision shall apply to third-party claims as well as claims between you and us.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
GOVERNING LAW & ARBITRATION
By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of California without regard to its conflict of laws principles which would result in application of any other law. Any dispute, controversy or claim arising out of your use of this website shall, upon the request of any party involved, be submitted to and settled by binding arbitration in San Francisco, CA, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of these Terms by the other party. You understand that THIS CLAUSE MEANS YOU WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
- Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- No Waiver. Enforcement of these Terms is solely in our discretion, and failure to enforce the Terms in some instances does not constitute a waiver of our right to enforce them in other instances.
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/25/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with BAGGU, also known as BAGGU, located at 2415 3rd St Ste 239, San Francisco, California 94107 and our subsidiaries and affiliates, in association with the use of the BAGGU website, which includes WWW.BAGGU.COM, (the "Site") and its Services, which shall be defined below.