BA TECHNOLOGIES LLC
Last Modified: August 13, 2019
INTRODUCTION & ACCEPTANCE OF TERMS
To the extent permitted by applicable law, we may, at any time, amend these Terms without prior notice to you, by posting a revised version of the Terms and/or sending you a notification about changes made. Any revisions to these Terms will take effect when a revised version is posted on the Website or a notification is sent, unless otherwise stated. Your continued use of the Website or Product after the revision date constitutes (a) your acceptance of revised Terms and (b) agreement to be bound by any such revised terms and conditions. Any future release, update or other addition to any of functionalities of the Product shall be subject to the terms and conditions of these Terms. In the case of any violation of these Terms, the Company reserves the right to seek all remedies available in law and equity for such violations.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, “you,” “your,” or “user” will refer and apply to that entity.
OWNERSHIP OF INTELLECTUAL PROPERTY
We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website and Products. Our name, logo and other names associated with the Website and Products belong to us (or our licensors, if any and where applicable) and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
PERMITTED AND PROHIBITED USES OF WEBSITE
Permitted Use. The Company authorizes you to view and download the materials available on the Website only for your personal, non-commercial use. You acknowledge and agree that all materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws.
Prohibited Use.The right granted to you in the present Terms is subject to the certain restrictions. You agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); (e) interfere with another user’s use and enjoyment of the Website, or (f) access the Website for the purpose of building a similar or competitive service.
PROHIBITED USES OF PRODUCT
The right granted to you in the present Terms is subject to certain restrictions. As a customer, you may physically transfer the Product from one location to another provided that the firmware of the Product is not copied. You may not electronically transfer the firmware from the Product to any other device. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the firmware of the Product. Moreover, you shall not (a) use the Product in order to build a similar or competitive product, and (b) remove or destroy any copyright notices or other proprietary markings found on the Product.
YOUR ACCOUNT AND IDENTITY
Your Account. In order to get full access to the Website and place an order, you may (i) register for an account (“Account”) and (ii) provide certain information about yourself as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Website or Product does not violate any applicable laws and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You may close your Account at any time, for any reason, by contacting the Company. The Company may suspend or terminate your Account if you violate any provision of the Terms.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Website. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, suspected unauthorized use, of your Account or any other breach of security.
If for any reason you are not completely satisfied with your purchase, we will be happy to exchange the Product for you to better meet your needs and tastes. You can return the Product within 30 days of receipt for an exchange or full refund (minus the shipping charges). All exchange and return requests completed via the Website.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability.If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means for receiving any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Website or (c) by you viasubmission to such other email addresses as the Company may specify on the Website. The date of receipt will be deemed the date on which such notice is transmitted.
Indemnification. You agree to defend us, indemnify us and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, contractors, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of Product, (ii) your use of the site or any materials transferred or downloaded from the site, or (iii) your violation of these Terms.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Governing Law.These Terms shall be governed by the laws of the State of New Jersey, USA and you agree that the courts located in Ocean County, NJ, USA shall have exclusive jurisdiction in any dispute. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.