Acceptance of Terms Through Use
By using BayTec Containers' (BayTec) web site (the Site),
you agree to be bound by all terms, conditions and notices contained or
referenced herein (the Terms of Use) and by the terms of our
Privacy Policy. We reserve the
right to change the Terms of Use by posting revisions to the Site at any time.
Your continued use of the Site indicates your agreement to any revised
terms. Accordingly, we urge you to review the Terms of Use
at the start of each use of the Site, and if you do not agree to the terms of
this or any revised version, please exit the Site immediately.
BayTec reserves the right, in its sole discretion, to terminate your
access to all or part of the Site, with or without notice.
Links to Third Party Sites
The Site may contain links to web sites
operated by third parties. The linked web sites are not
under our control, and we are not responsible for the contents of any linked web
site. Please review the linked site, and, if you do not
agree to be bound by the terms governing that web site, we recommend that you
terminate your visit to that web site. We provide links only
as a courtesy, and such links do not imply our endorsement of any linked web
site.
Intellectual Property
You acknowledge that materials available on the Site
include copyrights, trademarks, service marks, patents, trade secrets or other
proprietary materials (Intellectual Property) that are owned by BayTec or our
licensors. You may download or print copies of portions of
the materials on the Site, provided that you only use such copies for your own
non-commercial use and do not modify or alter these copies in any way, or delete
or change any copyright, trademark, patent or other notices therein.
No right, title or interest in any downloaded or
printed materials is transferred to you. Except as we may
expressly authorize, you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
,edit or create derivative works from the materials on the Site.
You may only use the Intellectual Property or other materials on the Site
as expressly permitted in this Terms of Use and for no other purpose.
If you submit comments, suggestions, ideas or other
communications to BayTec (Submissions), your submission shall constitute an
unrestricted worldwide license for BayTec to reproduce and use such Submissions
in any manner and in any medium it wishes, without any compensation paid to you.
Therefore, we request that you do not provide Submissions of confidential
information or other creative materials in which you do not wish to grant us
rights.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE (THE CONTENT) ARE PROVIDED AS IS FOR YOUR USE.
THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER
BayTec NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE
SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR
RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BayTec, OUR
SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BAYTEC'S
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTION
THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES. Because local standards and regulations vary significantly, we cannot guarantee that all products meet all applicable requirements in each locality. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities where the products will be shipped, sold and used. Further, it is recommended that you seek professional, independent advice regarding use of these
Indemnification
You agree to defend, indemnify, and hold
BayTec and our subsidiary and other affiliated companies, and their employees,
contractors, officers and directors harmless from all liabilities, claims, and
expenses, including attorneys' fees that arise from your use or misuse of the
Site or the content therein. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with us in
asserting any available defenses.
International Use
By choosing to access the Site from any location other
than the United States, you accept full responsibility for compliance with all
local laws that are applicable. BayTec makes no
representation that materials on the Site are appropriate or available for use
in locations outside the United States, and accessing them from territories
where their contents are illegal is prohibited.
If you are purchasing products for export, you are
responsible for the necessary export documentation before shipment is made to a
foreign country.
Choice of Law
This Terms of Use agreement shall, for all
domestic and international purposes, be governed, interpreted, construed, and
enforced solely and exclusively in accordance with the laws of the State of
Texas, U.S.A., without regard to conflicts of law provisions.
You expressly agree that the exclusive jurisdiction for any claim you may
bring relating to these Terms of Use or your use of the Site shall be filed only
in the state or federal courts located in the State of Texas, U.S.A., and you
further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
Integration and Severability
This Terms of Use constitutes the entire agreement between
you and BayTec with respect to the Site and supersedes all prior or
contemporaneous communications and proposals between us with respect to this
site. If any provision of this Terms of Use is determined to
be invalid or unenforceable, all other provisions shall remain in full force and
effect.
Payment Terms
By placing an order on the Site, you
authorize BayTec or its authorized agents to collect payment from your credit
card for all charges you incur. Prices listed on the Site do
not include shipping, handling, taxes or insurance, unless otherwise specified.
Product Information
BayTec™s goal is to accurately describe all
products offered for sale on the Site; however, the Site may contain
typographical errors or other inaccuracies and may not be complete or current.
All product specifications, which include dimensions, are subject to
change without notice. Therefore, with respect to description, pricing, quantity
and availability of products, and shipping and handling fees, we reserve the
right to correct any errors, inaccuracies or omissions and to change information
at any time without prior notice (including after you have submitted your
order).
Contacting BayTec
and Resolving Problems
If you have any questions or comments about
these Terms of Use, please contact us by email at
sales@baytec.net or by phone at
(800)-560-2334. Please provide a concise communication with
complete information, including your contact information.