Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OUR WEB SITE ("SITE"). BAPIT.COM PROVIDES ITS SERVICES TO YOU (THE "USER") SUBJECT TO THE FOLLOWING USER AGREEMENT (THE "AGREEMENT"). BY USING OUR SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE
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Who We Are
As used in this agreement, and at our site, "BAPit.com, BARKAVENUEPRESS.com, BAP !t, Site, We" refer to Bark Avenue Press, Inc.. The Bark Avenue Press, Inc. Home Office is located at 9630 South 51st Street, Suite A127, Phoenix, Arizona 85044 . All content held on this website is the exclusive property of Bark Avenue Press, Inc.
Changes to These Terms of Use
BAPit.com reserves the right at any time, to modify or update the terms of this Agreement. BAPit.com also reserves the right at any time, to modify or update its Privacy & Security Statement. You are responsible for regularly reviewing BAPit.com's terms and conditions and Privacy & Security Statement. You confirm your acceptance of the modifications or updates by continuing to use the Site
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Permission to Use
Permission is granted to use the content and software (the "Services") on the Site as a shopping and personal product design resource for custom products printed and bound by BAPit.com, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of BAPit.com, is strictly prohibited.
Copyrights and Trademarks
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, interfaces or code and the selection and arrangements thereof are the exclusive property of BAPit.com, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of BAPit.com or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties.
All trademarks, service marks and trade names used on the Site (collectively the "Marks") are proprietary to BAPit.com or other respective owners that have granted BAPit.com the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not a product or service of BAPit.com, or that is likely to cause confusion among customers, or that in any manner disparages or discredits BAPit.com or the other respective owners of the Marks.
Privacy Policy
BAPit.com protects customer information according to the Privacy & Security Statement posted on this Site. The Privacy & Security Statement, as amended from time to time, is incorporated by reference to be a part of this Agreement.
Purpose of Sales
All sales of products by BAPit.com are limited to personal use and may not, without the express prior written approval of BAPit.com, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
Colors/Satisfaction Policy/Returns
BAPit.com has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. BAPit.com does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on this Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Site you can return them to our warehouse according to the return instructions provided. We will give you the choice between a credit card refund and ???
General Disclaimer - All Products
THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED "AS IS" WITH NO WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, BAPIT.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BAP-IT. COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BAP-IT. COM SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.
ALL MATERIALS AND INFORMATION PRESENTED BY BAP-IT. COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY.
Product Information and Descriptions
In providing product information to its customers, BAPit.com relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please contact us
Limitations on Liability
IN NO EVENT SHALL BAPIT.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO BAPIT.COM FOR THE PRODUCT(S) AT ISSUE, EVEN IF BAPIT.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST BAPIT.COM WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Order Acceptance/Shipping Terms/Refunds
Acceptance of all orders by BAPit.com occurs only upon shipment from BAPit.com's distribution center in Phoenix, Arizona. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. BAPit.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, BAPit.com is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site, BAPit.com is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and BAPit.com shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order.
Online Conduct
Any conduct by a person that in BAPit.com's sole discretion restricts or inhibits any other person from using or enjoying BAPit.com is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through BAPit.com any unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially; ethnically; or otherwise objectionable material of any kind, including, but not limited to, any material that infringes on our or any third party's intellectual, property or proprietary rights or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Content and Submissions
“User content” includes text, files, images, photos, works of authorship and any other material that you include in the photo books, greeting cards, calendars or other products you submit to BAPit.com for printing.
By submitting user content to BAPit.com you affirm, represent and/or warrant that you either own your content or have written permission to use such content and that your content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
While you retain all of your ownership rights to your user content and submissions
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by submitting your user content to BAPit.com you grant to BAPit.com a worldwide, non-exclusive, royalty-free, and transferable license (including the right to sublicense) to use, reproduce, distribute, prepare derivative works of and display, your user submissions in whole or in part in connection with the BAPit.com web site and BAPit.com’s business, including without limitation for promoting and redistributing part or all of the BAPit.com web site in any media formats and through any media channels.
User Comments, Feedback, Postcards and Other Submissions
Exclusive of user submissions made expressly as product content, all comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to BAPit.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain BAPit.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BAPit.com of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, BAPit.com will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BAPit.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments.
Termination of Usage
BAPit.com may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of BAPit.com, without notice, for any conduct that BAPit.com, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or BAPit.com.
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). BAPit.com is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
BAPit.com permits certain third party links to the home page of its site, provided that BAPit.com is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the BAPit.com home page without the prior written consent of BAPit.com and BAPit.com reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
Governing Law/Arizona Jurisdiction/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, U.S.A. CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF ARIZONA, U.S.A., PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH BAPIT.COM AND CUSTOMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
Severability
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
Waiver
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
Entire Agreement
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between BAPit.com and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by BAPit.com without need of further notice and shall not be part of this Agreement or in any way binding upon BAPit.com.
Acceptance Of This Agreement And Of Amendments And Modifications Thereof
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by BAPit.com on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by BAPit.com sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.
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