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| bibaja.com Store Index :: Conditions of Use |
Conditions of Use |
Welcome to Bibaja.com, operated by Bibaja
Landscape Automation, LLC. Bibaja.com provides their services to you subject
to the following conditions. If you visit or shop at Bibaja.com, you
accept these conditions. Please read them carefully.
PRIVACY
Please review our
Privacy Notice,
which also governs your visit to Bibaja.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Bibaja.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this site. 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 on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Bibaja.com or its content suppliers
and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of
Bibaja.com and protected by U.S. and international copyright laws. All
software used on this site is the property of Bibaja.com or its software
suppliers and protected by United States and international copyright laws.
TRADEMARKS
Bibaja, Bibaja.com, the Bibaja graphic logo, and other graphics are
trademarks or trade dress of Bibaja Landscape Automation, LLC. Bibaja's
trademarks or trade dress may not be used in connection with any product or
service that is not Bibaja's, in any manner that is likely to cause
confusion among customers, or in any manner disparages or discredits
Bibaja Landscape Automation, LLC. All other trademarks not owned by
Bibaja Landscape Automation, LLC that appear on this site are the property
of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Bibaja Landscape Automation, LLC.
LICENSE AND SITE ACCESS
Bibaja.com grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of
Bibaja.com. This license does not include any resale or commercial use
of this site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without
express written consent of Bibaja.com. 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 Bibaja.com
and our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing Bibaja.com's name or
trademarks without the express written consent of Bibaja.com. Any
unauthorized use terminates the permission or license granted by Bibaja.com.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Bibaja.com so long as the link does not
portray Bibaja.com, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may
not use any Bibaja.com logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. Bibaja.com reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, FEEDBACK
Visitors may post reviews, comments, and feedback about products and
submit suggestions, ideas, or other information so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties.
Posts should not contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
'spam'. You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Bibaja.com a nonexclusive, royalty free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish,
create derivative works from, distribute, and display such content
throughout the world in any media. 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 Bibaja.com or its affiliates for all claims
resulting from content you supply.
Bibaja.com has the right but not the obligation to monitor and edit or
remove any activity or content. Bibaja.com takes no responsibility and
assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased through Bibaja.com 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.
PRODUCT DESCRIPTIONS
Bibaja.com attempts to be as accurate as possible. However, Bibaja.com
does not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free. If a product
offered by Bibaja.com itself is not as described, your sole remedy is to
return the product within 30 days in unused condition.
PRICING
Bibaja.com cannot confirm the price of an item until you order, however,
we do NOT charge your credit card until after your order has entered the
shipping process. Despite our best efforts, a small number of items
may be mispriced. If we discover a mispricing, we will do one of the
following:
- If an item's correct price is lower than our stated price, we will
charge the lower amount and ship you the item.
- If an item's correct price 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BIBAJA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BIBAJA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIBAJA.COM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIBAJA.COM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BIBAJA.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIBAJA.COM WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Bibaja.com, you agree that the laws of the state of California,
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 Bibaja.com.
DISPUTES
Any dispute related in any way to your visit to Bibaja.com or to products
you purchase through Bibaja.com shall be submitted to confidential
arbitration in San Jose, California, except that, to the extent you
have in any manner violated or threatened to violate Bibaja.com's
intellectual property rights, Bibaja.com may seek injunctive or other
appropriate relief in any state or federal court in the state of California,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
OUR ADDRESS
Bibaja Landscape Automation, LLC
615 Trinkling Creek
Felton, CA 95018
1-408-786-5825
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