Bay Tech Label's Terms of Service
Welcome to baytechlabel.com and/or baytechfiretags.com website.
These sites are owned and operated by Bay Tech Label, Inc. These Terms and Conditions of Use ("Terms") apply to the Bay Tech Label, Inc. websites baytechlabel.com and/or baytechfiretags.com ("Sites") or any affiliated sites owned and operated by Bay Tech Label, Inc.
Any use of the Sites, or services offered on the Sites, is subject to these Terms. We may modify the Terms at any time without notice to you by posting revised Terms, which shall be effective immediately when we post them on our Sites. If you visit the Sites or make a purchase from the Sites, you accept and agree to be bound and abide by these Terms, including any modifications that we make and post as of the date posted.
When you visit the Sites or send an email to Bay Tech Label, Inc., you are communicating with the Bay Tech Label, Inc. electronically. You consent to receive communications from the Bay Tech Label, Inc. 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.
Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. We cannot guarantee the security of your personal information transmitted to the Sites. You understand that any message or information you send to the Sites are at your own risk and may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Bay Tech Label, Inc. does use a secured system (SSL) encrypted site and does not store credit card information within the Sites.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The Sites and their entire contents, features and functionalities, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Bay Tech Label, Inc. or its content suppliers and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Baytechlabel.com and/or baytechfiretags.com and other graphics, logos, page headers, button icons, scripts, product and service names, designs and slogans are trademarks, registered trademarks, or trade dress of the Bay Tech Label, Inc. in the U.S. and/or other countries. You must not use such marks without the express written consent from Bay Tech Label, Inc. Any other trademarks not owned by the Bay Tech Label, Inc. that may appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bay Tech Label, Inc.
LICENSE AND SITE ACCESS
You may use the Sites only for lawful purposes and in accordance with these Terms. Bay Tech Label, Inc. grants you a limited license to access and make personal use of the Sites but not to download (other than page caching) or modify it or any portion of it, except with express written consent of Bay Tech Label, Inc.. This license does not include any resale or commercial use of the Sites or their contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of the Sites or their 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. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bay Tech Label, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Bay Tech Label, Inc. without express written consent from Bay Tech Label, Inc. You may not use any meta tags or any other "hidden text" utilizing the Bay Tech Label, Inc.’s name or trademarks without the express written consent of Bay Tech Label, Inc. Any unauthorized use terminates the permission or license granted by Bay Tech Label, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Sites home pages so long as the link does not portray Bay Tech Label, Inc., or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bay Tech Label, Inc. logo or other proprietary graphic trademark as part of the link without express written permission from Bay Tech Label, Inc. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of these Terms, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Bay Tech Label, Inc.. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Users are responsible for maintaining the confidentiality of user accounts and password(s). Users agree to accept responsibility for all activities that occur under your account or password. Users of baytechlabel.com and/or baytechfiretags.com are to be 18 years of age or older. By using the Sites, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites. The Bay Tech Label, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may contact us with reviews, comments, 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 on intellectual property 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." You may not use a false e-mail address, impersonate any person or entity, give the impression that your contribution emanates from or is endorsed by us or any other person or entity, (if this is not the case) or otherwise mislead as to the origin of any content. Bay Tech Label, Inc. reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content.
Users who post content or submit material grant Bay Tech Label, Inc. and its affiliates and sub licensees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bay Tech Label, Inc. the right to use the name that you submit in connection with such content, if Bay Tech Label, Inc. chooses to use it. 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 you have the right to grant the license above to the content you supply, that the content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Bay Tech Label, Inc. for all claims resulting from content you supply. Bay Tech Label, Inc. has the right but not the obligation to monitor and edit or remove any activity or content and to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Bay Tech Label, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS BAY TECH LABEL, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
COPYRIGHT COMPLAINTS AND OTHER REQUESTS
Bay Tech Label, Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or you wish to make use of material on the Site other than set out in these Terms, please contact us at Bay Tech Label, Inc., 12177 28th St. N. – St. Petersburg, Florida 33716.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE SITES ARE PROVIDED BY BAY TECH LABEL, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BAY TECH LABEL, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE SITES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SITES ARE AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BAY TECH LABEL, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAY TECH LABEL, INC. DOES NOT WARRANT THAT THIS SITE"S INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THE SERVERS; OR E-MAIL SENT FROM BAY TECH LABEL, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER BAY TECH LABEL, INC. NOR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF THESE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OBTAINED THROUGH THESE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER RELATED TO A BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
BAY TECH LABEL, INC. RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THIS SITE, OR ANY PORTION OF THIS SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THIS SITE, OR ANY PORTION OF THIS SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THIS SITE, OR ANY PORTION OF THIS SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error in pricing or product information received from our suppliers, Bay Tech Label, Inc. shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Bay Tech Label, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bay Tech Label, Inc. shall issue a credit to your credit card account in the amount of the charge.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
You agree to defend, indemnify and hold harmless Bay Tech Label, Inc. and their employees, agents, officers, directors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites, including, but not limited to, your reviews, comments and other communications, any use of these Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Sites.
By visiting the Sites, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and Bay Tech Label, Inc. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Any dispute relating in any way to your visit to the Sites or to the products or services you purchase through the Sites shall be submitted to arbitration in Pinellas County, Florida except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any State or in federal court in the State of Florida. You hereby consent to, and waive all defenses of lack of personal jurisdiction with respect to venue and jurisdiction in the state and federal courts of Florida. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules currently prevailing at the American Arbitration Association. The arbitrator’s award shall be final and 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 these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree not to be a part of any class action lawsuit with respect to Bay Tech Label, Inc. or the Sites.
SITE POLICIES, MODIFICATION, SEVERABILITY AND WAIVER
Review all other policies posted on the Sites. Bay Tech Label, Inc. reserves the right to make changes to the Sites, policies, and the Terms at any time. If any of the conditions of the Terms 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. No waiver of or by Bay Tech Label, Inc. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bay Tech Label, Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.