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Bagland.net Buyer Agreement
Before you may register as a buyer to shop on our Site www.bagland.net (the "Site"), you must read and accept all of the sections below, as amended from time to time (collectively, the "Agreement"). This Agreement is immediately effective for current Buyers and upon acceptance by new Buyers. As used herein, "Seller" shall mean a kladec.com Site, and "Buyer" shall mean any party who registers with the Site to shop online.
1. Our Authority. We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Buyer. We are under no obligation to remove or change any item, picture, or posting from our Site at any Buyer's request and any such requests shall be resolved at our sole discretion. In transacting with Seller, Buyer is solely responsible for exercising the principle of "buyer beware" just as Buyer would in any real marketplace. We reserve the right to refuse service to anyone, to reject any Buyer membership applications, and to discontinue existing service at any time. We also reserve the right in blocking any Buyer from purchasing items from the shop, to cancel Buyer's membership and deny access to our Site of any Buyer, due to Buyer's unprofessional conduct or practices, and other reasons which we consider, at our sole discretion, to be disruptive to the business and reputation of our Site.
2. Buyer Representations and Covenants. By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to enter into legal contracts; (b) the information you have provided us during the registration process and thereafter is to the best of your knowledge complete, truthful and accurate. By continuing to access the Site, you also agree that you will:
· Deal with Seller in good faith, and refrain from contracting (via completing a Purchase Order) with Seller for items that you have no intention to purchase.
· Abide by the payment terms and terms of sale, and comply with the policies posted on the Site.
· Promptly pay any monies that are owed by you to the Seller, especially after taking possession of an item.
You agree that you will not:
· Utilize, copy, modify, distribute, or harvest content, including photographs, from the Site for use elsewhere without obtaining advance permission
· Engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or Buyer
· Engage in any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel
· Violate any laws, third party rights, or any of our policies posted on the Site.
We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site, upon your breach of any of the above representations and covenants.
3. Intellectual Property Rights. This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.
4. Content License. When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
5. Termination. This Agreement is terminable at any time by any party. If you terminate this Agreement, you agree to no longer access or use our Site as a Buyer.
6. Limitation of Liability. You will not hold us responsible for the actions or inactions of any Buyer on the Site. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the purchase price you have paid for the item(s) in dispute. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KLADEC.COM OR A KLADEC.COM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification. You will indemnify and hold us (and our officers, directors, agents, and employees) harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or any rights of a third party.
9. No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
11. Amendments. We may amend this Agreement at any time at our sole discretion by posting the amendment(s) on our Site. You will be notified of the fact that this Agreement has been amended when you next log on to our Site and be asked to accept the new amendments before you can proceed further.
