AGREEMENT BETWEEN USER AND biKa LLC:
The biKaBazaar.com Web Site is comprised of various Web pages operated by biKaBazaar.com.
The biKaBazaar.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the biKaBazaar.com Web Site constitutes your agreement to all such terms, conditions, and notices.
biKaBazaar.com reserves the right to change the terms, conditions, and notices under which the biKaBazaar.com Web Site is offered, including but not limited to the charges associated with the use of the biKaBazaar.com Web Site.
LINKS TO THIRD PARTY SITES:
The biKaBazaar.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of biKaBazaar.com and biKaBazaar.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site biKaBazaar.com is not responsible for webcasting or any other form of transmission received from any Linked Site. biKaBazaar.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by biKaBazaar.com of the site or any association with its operators.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
RIGHT TO CHANGE SITES:
We reserve the right, at any time in our sole discretion, to:
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the biKaBazaar.com Web Site, you warrant to biKaBazaar.com that you will not use the biKaBazaar.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the biKaBazaar.com Web Site in any manner which could damage, disable, overburden, or impair the biKaBazaar.com Web Site or interfere with any other party's use and enjoyment of the biKaBazaar.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the biKaBazaar.com Web Sites.
USE OF COMMUNICATION SERVICES:
The biKaBazaar.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
biKaBazaar.com has no obligation to monitor the Communication Services. However,
biKaBazaar.com reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. biKaBazaar.com
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
biKaBazaar.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in biKaBazaar.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. biKaBazaar.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, biKaBazaar.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized biKaBazaar.com spokespersons, and their views do not necessarily reflect those of biKaBazaar.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO biKaBazaar.com OR POSTED AT ANY biKaBazaar.com WEB SITE:
biKaBazaar.com does not claim ownership of the materials you provide to biKaBazaar.com (including feedback and suggestions) or post, upload, input or submit to any biKaBazaar.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting biKaBazaar.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.biKaBazaar.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in biKaBazaar.com’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE biKaBazaar.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. biKaBazaar.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE biKaBazaar.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE biKaBazaar.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
biKaBazaar.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE biKaBazaar.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. biKaBazaar.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Bika LLC expressly disclaims any duty to update or revise the materials on the Sites, although Bika LLC may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Bika LLC shall not be liable for any damages of any kind related to your use of the Sites.
You agree to defend, indemnify and hold Bika LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Bika LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by firstclass or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) toBika LLC at: 450 S. Old Dixie Hwy., Ste. 8, Jupiter, FL 33458 or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Bika LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
CHOICE OF LAW:
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Florida, County of Palm Beach. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Bika LLC’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
SERVICE CONTACT :firstname.lastname@example.org
TERMINATION/ACCESS RESTRICTION :
biKaBazaar.com reserves the right, in its sole discretion, to terminate your access to the biKaBazaar.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the biKaBazaar.com Web Site. Use of the biKaBazaar.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and biKaBazaar.com as a result of this agreement or use of the biKaBazaar.com Web Site. biKaBazaar.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of biKaBazaar.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the biKaBazaar.com Web Site or information provided to or gathered by biKaBazaar.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and biKaBazaar.com with respect to the biKaBazaar.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and biKaBazaar.com with respect to the biKaBazaar.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the biKaBazaar.com Web Site are: Copyright 2007-2011 by biKaBazaar.com and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
PROHIBITED USES OF WEBSITE AND SERVICES:
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.
CREDIT CARD TERMS AND CONDITIONS:
Cardholder acknowledges and agrees that Bika LLC is relying on the validity of the card being presented to complete this transaction and agrees to the following terms and conditions by proceeding to the “Buy Now” stage.
TERMS AND CONDITIONS: Any provision of payment information is the responsibility of the cardholder and COMPANY will be held harmless in all respects. Cardholder understands they have a fiduciary duty to safeguard any payment cards registered to them in a secure place and report misplaced or stolen cards immediately and agrees to reimburse COMPANY for any credit or debit cards offered as payment that have not been reported as lost or stolen to their financial institution.
Cardholder acknowledges and understands that COMPANY is relying on the veracity of all payment information being provided and that authorization from the payment card company constitutes full and final proof of the liability of the cardholder for any and all financial obligations.
Cardholder agrees to pursue all avenues with the COMPANY to resolve any and all claims through the company’s refund policies and in the event of the policy stating that NO REFUNDS will be given; cardholder relinquishes all rights to claim any full or partial refund amount.
Cardholder agrees to immediately reimburse COMPANY for any financial loss and all costs incurred in recovery of any amounts upon notification by COMPANY in the event of cardholder registering any claim outside of these terms and conditions.
Cardholder understands that COMPANY is utilizing reasonable security measures to validate all transactions and that authorization of these transactions by the financial institution upon processing any transaction constitutes final proof of Cardholder’s liability.