TERMS AND CONDITIONS

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

 

*ORDER TOTAL MINIMUMS

- WE NO LONGER ACCEPT REVISIONS ON ORDERS TO BE LESS THAN 10 PIECES PER SIZE RUN. IF YOU ARE REQUESTING TO REVISE UNITS ON YOUR ORDER PER NOTES, PLEASE BE SURE THAT IT MEETS THE 10-PIECE UNIT MINIMUM. 

 

*ORDER PAYMENTS PROCESSING

- AFTER PLACING YOUR ORDER, WE WILL PRE-AUTHORIZE FOR ANY IMMEDIATELY AVAILABLE STYLES READY TO BE PROCESSED IN WHICH AN ESTIMATED ($100+ MINIMUM)WOULD BE HELD UNTIL WE CHARGE AND SHIP YOUR ORDER. ONCE THE PRE-AUTHORIZATION IS SUCCESSFUL, WE WILL SEND YOUR ORDER TO THE WAREHOUSE TO BE PACKED FOR SHIPPING. ONCE YOUR ORDER IS PACKED AND READY TO BE SHIPPED, WE WILL THEN CHARGE YOUR ORDER FOR THE ACTUAL AMOUNT + SHIPPING AND YOUR PRE-AUTHORIZATION WILL BE RELEASED FROM HOLD. PLEASE BE ADVISED THAT PRE-AUTHORIZION IS FOR ANY IMMEDIATE STYLES TOTAL + SHIPPING + EXTRA HOLD AMOUNT TO SECURE YOUR FUNDS FOR US WHEN WE CHARGE IT.

 

*PRE-ORDERS/BACKORDERS PAYMENT PROCESSING

- YOUR PRE-ORDER STYLES WILL NOT BE PRE-AUTHORIZED UNTIL WE RECEIVE THE MERCHANDISE AND CONFIRM THAT YOUR PRE-ORDER IS READY TO BE PROCESSED. WHEN WE RECEIVE THE MERCHANDISE, WE WILL AUTOMATICALLY PRE-AUTHORIZE IT AND MAY OR MAY NOT CONTACT YOU TO RE-CONFIRM BECAUSE WHEN YOU PLACE YOUR ORDER, YOU ARE GIVING US THE PERMISSION TO TAKE PAYMENT FOR THE STYLES IN YOUR ORDER SINCE YOU HAVE ORDERED WITH THE INTENT TO PURCHASE. IF YOU WOULD LIKE US TO CONTACT YOU BEFORE PRE-AUTHORIZING YOUR PRE-ORDER, PLEASE MENTION THAT IN YOUR ORDER SHIPMENT NOTES AND WE WILL DO THAT FOR YOU. FAILURE TO LEAVE NOTES WILL RESULT IN YOUR PRE-ORDER BEING PROCESSED AS WE RECEIVE IT. IN ORDER TO AVOID ANY DELAYS WITH ORDER PROCESSING AND/OR YOUR PRE-ORDER STYLES SELLING OUT, WE WILL GO AHEAD AND PRE-AUTHORIZE AND CHARGE AS NECESSARY. IT IS YOUR RESPONSIBILITY TO LET US KNOW IF YOU NO LONGER NEED YOUR PRE-ORDER ELSE WE WILL PROCEED WITH YOUR ORDER ONCE THE MERCHANDISE ARRIVES.

 

*DUPLICATE ORDERS

- WE DO NOT CALL OR EMAIL TO CONFIRM ANY DUPLICATED STYLES AND WILL BE PROCESSED AS YOU ORDERED. PLEASE BE ADVISED THAT IT IS YOUR RESPONSIBILITY TO KEEP TRACK OF WHAT YOU HAVE ORDERED. WE ARE NOT RESPONSIBLE FOR SHIPPING ANY DUPLICATES THAT YOU ORDERED ON OUR WEBSITE AND WE WILL ASSUME YOU ORDERED THE SAME STYLE TWICE OR MORE BECAUSE YOU NEEDED THOSE UNITS. IF YOU RECEIVED MERCHANDISE AND ARE NOT SATISFIED WITH ANY DUPLICATE UNITS YOU ORDERED, YOU MAY REQUEST A RETURN AT RETURNS@BAYEAS.COM BUT PLEASE BE ADVISED THAT THERE IS A 15% RESTOCKING FEE AND YOU MUST USE YOUR OWN SHIPPING RETURN LABEL.

 

*ORDER CANCELLATIONS - 

- IF FOR ANY REASON YOU NEED TO CANCEL YOUR ORDER, PLEASE SEND AN EMAIL TO ORDERS@BAYEAS.COM NO LATER THAN AN HOUR AFTER PLACING YOUR ORDER. IF YOUR ORDER IS ALREADY PRE-AUTHORIZED AND SENT TO THE WAREHOUSE, WE CANNOT CANCEL YOUR ORDER AS WE WILL NOT BE ABLE TO LOCATE IT WHILE YOUR ORDER IS IN CIRCULATION. 

- IN RESPONSE TO YOUR VALUED FEEDBACK, WE WOULD LIKE TO MAKE EFFORTS TO IMPROVE OUR FULFILLMENT PROCESS. WE HAVE ESTABLISHED A THREE-ATTEMPT RULE FOR ALL IN-STOCK AND PRE-ORDERS GOING FORWARD. WE WILL ATTEMPT TO REACH OUT THREE TIMES VIA PHONE OR EMAIL REGARDING PAYMENT DECLINES OR ANY ORDERS THAT REQUEST TO "CALL BEFORE SHIPPING". AFTER THE THIRD AND FINAL CONTACT ATTEMPT, THE ASSOCIATED STYLES IN YOUR ORDER WILL BE CANCELED AND REMOVED FROM YOUR ORDER.  WE ASK THAT ALL OUR CUSTOMERS DOUBLE CHECK THEIR SPAM/JUNK FOLDERS, AS THERE IS ALWAYS A CHANCE THAT OUR EMAILS WILL BE SENT THERE. 

ALSO, IF YOU HAVE ANY CIRCUMSTANCES THAT WILL DELAY COMMUNICATION (SUCH AS VACATIONS OR TECHNICAL DIFFICULTIES), PLEASE LET US KNOW SO THAT WE CAN TAKE APPROPRIATE ACTION.

WE KINDLY ASK FOR YOUR CONTINUED COOPERATION AND ENCOURAGE COMMUNICATING WITH US! OUR GOAL IS TO MAKE THE ORDER PROCESS AS SEAMLESS AS POSSIBLE SO THAT OUR MERCHANDISE WILL FLOW FROM OUR WAREHOUSE TO YOUR HANDS MORE EFFICIENTLY. CUSTOMER SERVICE IS ALWAYS AT THE FOREFRONT OF OUR BUSINESS AND WE HOPE THIS CHANGE CAN IMPROVE OUR SERVICE TO YOU. AS ALWAYS, WE APPRECIATE YOUR CONTINUED SUPPORT & UNDERSTANDING!

*SHIPPING RESTRICTIONS - 

WE DO NOT SHIP TO P.O. BOXES AND UPS AUTOMATICALLY RETURNS IT BACK TO US IF IT'S A PO BOX. DUE TO SHORT-STAFF AND ORDER VOLUME, WE DO NOT CHECK EVERY ORDER FOR ADDRESS CORRECTIONS. PLEASE BE SURE NOT TO USE A P.O. BOX ADDRESS WHEN PLACING YOUR ORDER AS WE WILL NOT BE HELD RESPONSIBLE FOR SHIPPING COMPENSATION TO SEND IT BACK TO YOU.

 *MAP POLICY (MINIMUM ADVERTISED PRICE)

- IN ORDER TO MAINTAIN THE INTEGRITY OF THE BAYEAS BRAND, AS OF 09/01/2023, WE HAVE ESTABLISHED MINIMUM RETAIL PRICES FOR OUR PRODUCTS TO PROTECT AND SUPPORT ALL RESELLERS, AS WELL AS CONSUMERS OF BAYEAS. BAYEAS HAS SPENT AN EXTENSIVE AMOUNT OF TIME BUILDING A BRAND OF STRONG RECOGNITION AND A HIGH PERCEIVED VALUE. BY NOT ADHERING TO THE ESTABLISHED MINIMUM ADVERTISED PRICE (MAP) A RETAILER CAN HAVE A DRAMATIC EFFECT OF DIMINISHING OR DETRACTING FROM THE PERCEIVED VALUE OF THE BAYEAS BRAND AND ITS PRODUCTS. OUR MAP PRICING POLICY IS INTENDED FOR CONSUMERS TO PURCHASE FROM RETAILERS BASED ON LOYALTY AND CUSTOMER CARE EXPECTATIONS. THEREFORE, IF BAYEAS AGREES TO ALLOW YOUR COMPANY TO SELL ITS PRODUCTS ON A RETAIL BASIS, YOU WILL NEED TO AGREE AND ABIDE BY THE FOLLOWING REQUIREMENTS AND RESTRICTIONS. PLEASE NOTE THIS IS IN THE BEST INTEREST OF THE RETAILER. REFER TO THE FOLLOWING INFORMATION BELOW FOR MAP BREAKDOWNS FOR EACH STYLE CATEGORY:

- $49 AND UP FOR SHORTS, SKIRTS

- $59 AND UP FOR CLASSIC, CORE-BASIC JEAN STYLES WITH MINIMAL-TO-NO DISTRESSING OR DETAILS, SHIRTS AND JACKETS.

- $69 AND UP FOR NOVELTY JEAN STYLES WITH DISTRESSING, DETAILS, TRIMS AND/OR SPECIAL WASHES.

- MAP DOES NOT ESTABLISH MAXIMUM ADVERTISED PRICES. ALL RETAILERS MAY OFFER BAYEAS PRODUCTS AT ANY PRICE IN EXCESS OF THE MAP.

- BAYEAS’S MAP POLICY DOES NOT IN ANY WAY LIMIT THE ABILITY OF ANY RETAILER TO ADVERTISE THAT “THEY HAVE THE LOWEST PRICES” OR, THEY “WILL MEET OR BEAT ANY COMPETITORS PRICE”, THAT CONSUMERS SHOULD “CALL FOR A PRICE” OR PHRASES OF SIMILAR IMPORT AS LONG AS THE PRICE ADVERTISED OR LISTED FOR THE PRODUCTS IS NOT LESS THAN MAP.

- MAP PRICING IS ESTABLISHED BY BAYEAS AND MAY BE ADJUSTED BY BAYEAS AT ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE.

- INTENTIONAL OR REPEATED FAILURE TO ABIDE BY THIS POLICY WILL RESULT IN PENALTIES INCLUDING, WITHOUT LIMITATION, TERMINATION OF RETAILERS’ ACCESS AND RIGHT TO RESELL BAYEAS PRODUCTS. BAYEAS DOES NOT INTEND TO DO BUSINESS WITH RETAILERS WHO DEVALUE OR DEGRADE THE IMAGE OF BAYEAS AND ITS PRODUCTS. IT IS BAYEAS’S SOLE DISCRETION WHETHER OR NOT TO PROVIDE PRIOR NOTICE OR ISSUE WARNINGS BEFORE TAKING ANY ACTION UNDER THIS POLICY.

- E-BAY, AMAZON, ETSY AND OTHER AUCTION WEB SITES POLICY: • “BUY IT NOW” AND/OR BUY BOX OPTIONS MUST BE LISTED AT A PRICE EQUAL TO MAP OR GREATER. • FOR AUCTIONS THE RESERVE AND/OR OPENING BIDS MUST START AT MAP WITHOUT A “BUY IT NOW” OPTION. • BEST OFFER AUCTIONS ARE NOT ALLOWED

- BAYEAS MAY RUN A SALE FROM TIME TO TIME AND IN SUCH CASE THE MAP WILL REMAIN THE SAME, UNLESS SPECIFIED OTHERWISE. IF/WHEN SPECIAL OR SALE IS OFFERED, BAYEAS WILL SEND OUT A NOTICE IN ADVANCE WITH DETAILS ON ADJUSTED MAP PRICING FOR THE DURATION OF THE SALE.

- THE MAP POLICY APPLIES TO ALL ADVERTISEMENTS OF BAYEAS PRODUCTS IN ANY AND ALL MEDIA, INCLUDING, BUT NOT LIMITED TO, SOCIAL MEDIA, FLYERS, POSTERS, IN-STORE ADVERTISING, COUPONS, MAILERS, INSERTS, NEWSPAPERS, MAGAZINES, CATALOGS, MAIL ORDER CATALOGS, EMAIL NEWSLETTERS, EMAIL SOLICITATIONS, INTERNET OR SIMILAR ELECTRONIC MEDIA, TELEVISION, RADIO, AND PUBLIC SIGNAGE.

- THE INCLUSION IN ADVERTISING OF FREE OR DISCOUNTED PRODUCTS (WHETHER MADE BY BAYEAS OR ANOTHER MANUFACTURER) WITH A PRODUCT COVERED BY THE MAP POLICY WOULD BE CONTRARY TO THE POLICY IF IT HAS THE EFFECT OF DISCOUNTING THE ADVERTISED PRICE OF THE COVERED PRODUCT BELOW THE MAP.

- ANY STRIKE-THROUGH OR OTHER ALTERATION OF THE MINIMUM ADVERTISED PRICE IS STRICTLY PROHIBITED.

- THIS MAP POLICY SHALL APPLY TO ALL RETAILERS REGARDLESS OF WHETHER THE RETAILER PURCHASED THE BAYEAS PRODUCTS DIRECTLY FROM BAYEAS OR FROM A WHOLESALE DISTRIBUTOR.

- THIS MAP POLICY APPLIES SOLELY TO RETAILERS ENGAGED IN RETAIL SALES. RETAILERS WHO DESIRE TO BE WHOLESALE DISTRIBUTORS (BULK SALES TO RETAILERS) MAY CONTACT BAYEAS TO INQUIRE AS TO APPLICABLE REQUIREMENTS AND APPLY FOR APPROVAL TO BECOME WHOLESALE DISTRIBUTORS.

- RETAILERS AGREES TO HOLD ALL TRADEMARKS OF BAYEAS AS THE PROPERTY OF BAYEAS AND USE ADVERTISING MATERIALS PROVIDED BY BAYEAS IN AN AUTHORIZED MANNER ONLY.

 

AGREEMENT BETWEEN USER AND BAYEAS

WELCOME TO BAYEAS, THIS WEBSITE IS OPERATED SOLELY BY BAYEAS. THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO BAYEAS. WE OFFER THIS WEBSITE INCLUDING ALL INFORMATION, TOOLS, AND SERVICES AVAILABLE ON THIS SITE TO YOU, THE USER, AND IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES, AND NOTICES. NOTE THAT BY VISITING OUR SITE AND/OR PURCHASING ITEMS, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SIDE, INCLUDING BUT IS NOT LIMITED TO THOSE WHO ARE BROWSERS, VENDORS, AND MERCHANTS.

 

PRIVACY

BY USING THIS SITE, YOU, THE USER, IS SUBJECT TO BAYEAS' PRIVACY POLICY. PLEASE REVIEW OUR PRIVACY POLICY, WHICH ALSO GOVERNS THE SITE AND INFORMS USERS OF OUR DATA COLLECTION PRACTICES.

 

ELECTRONIC COMMUNICATIONS

VISITING WWW.BAYEAS.COM OR SENDING EMAILS TO BAYEAS CONSTITUTES ELECTRONIC COMMUNICATIONS. YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS BY ENGAGING IN SUCH COMMUNICATIONS AND AGREE TO ALL AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT WE PROVIDE ELECTRONICALLY.

 

YOUR ACCOUNT

AGREEING TO THESE TERMS OF SERVICE, YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS AND FOR RESTRICTING ACCESS TO YOUR COMPUTER, AND YOU AGREE TO ACCEPT FULL RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. IF YOU ARE UNDER THE AGE OF 18, YOU MAY USE THE SITE WITH THE PERMISSION OF A PARENT OR GUARDIAN. IF YOU ARE OVER THE AGE OF 18 AND ALLOW YOUR MINOR DEPENDENTS TO USE YOUR ACCOUNT, YOU HAVE GIVEN US YOUR CONSENT TO ALLOW YOUR MINOR DEPENDENTS TO USE THIS SITE. BY AGREEING TO THESE TERMS, YOU AGREE TO PROVIDE CURRENT, COMPLETE, AND ACCURATE ACCOUNT INFORMATION FOR ALL PURCHASES MADE ON OUR SITE. YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AS WELL AS EXPIRATION DATES TO ENSURE THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.

 

CANCELLATION/REFUND POLICY

ALL SALE ITEMS ARE NOT SUBJECT TO A REFUND BUT MAY BE EXCHANGED WITH OTHER ITEMS OR MAY BE RETURNED FOR STORE CREDIT. SHIPPING AND HANDLING COSTS ARE NON-REFUNDABLE. THE CUSTOMER MUST CONTACT US WITHIN 10 BUSINESS DAYS FROM THE RECEIPT DATE TO INITIATE THE RETURN PROCESS. UNAUTHORIZED RETURNS WILL NOT BE ACCEPTED. THE CUSTOMER IS RESPONSIBLE FOR PROVIDING THEIR OWN RETURN SHIPPING LABEL AND IS RESPONSIBLE FOR RETURNING THE GOODS IN A TIMELY MANNER. MERCHANDISE WILL NOT BE ACCEPTED IF THE MERCHANDISE IS LOST OR DAMAGED WHILE IN THE CUSTOMER’S POSSESSION (THIS DOES NOT APPLY TO REMOVING THE PACKING SEALS TO CHECK CONTENTS.) MERCHANDISE WILL NOT BE ACCEPTED IF IT APPEARS TO BE WORN, USED, OR OTHERWISE IS IN NON-SALEABLE CONDITION.

 

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

OUR SITE MAY CONTAIN LINKS TO OTHER WEBSITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF BAYEAS AND BAYEAS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO ANY LINKS CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. BAYEAS PROVIDES THESE LINKS TO THE USER ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BAYEAS OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS. CERTAIN SERVICES MADE AVAILABLE BY BAYEAS MAY BE DELIVERED BY THIRD PARTY SITES AND ORGANIZATIONS. BY USING ANY PRODUCT, SERVICE OR FUNCTIONALITY ORIGINATING FROM THE BAYEAS DOMAIN, YOU HEREBY ACKNOWLEDGE AND CONSENT THAT BAYEAS MAY SHARE SUCH INFORMATION AND DATA WITH ANY THIRD PARTY WITH WHOM BAYEAS HAS A CONTRACTUAL RELATIONSHIP TO PROVIDE THE REQUESTED PRODUCT, SERVICE OR FUNCTIONALITY ON BEHALF OF BAYEAS’ USERS AND CUSTOMERS. BAYEAS IS NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OFF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES.

 

NO UNLAWFUL OR PROHIBITED USES

IN ADDITION TO OTHER PROHIBITIONS ABIDED BY THESE TERMS, YOU WARRANT BAYEAS THAT YOU WILL NOT USE THE SITE OR ITS CONTENT FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOU MAY NOT YOU MAY NOT USE THE SITE IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR THE SITE OR INTERFERE WITH ANY OTHER PARTY'S USE AND ENJOYMENT OF THE 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 SITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OUR SERVICE OR ANY RELATED WEBSITE FOR VIOLATING THESE TERMS. ALL CONTENT INCLUDED AS PART OF THE SERVICE, SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, AS WELL AS THE COMPILATION THEREOF, AND ANY SOFTWARE USED ON THE SITE, IS THE PROPERTY OF BAYEAS OR ITS SUPPLIERS AND PROTECTED BY COPYRIGHT AND OTHER LAWS THAT PROTECT INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. YOU AGREE TO OBSERVE AND ABIDE BY ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES, LEGENDS OR OTHER RESTRICTIONS CONTAINED IN ANY SUCH CONTENT AND WILL NOT MAKE ANY CHANGES THERE TO. YOU AGREE TO NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, FOUND ON THE SITE. THE CONTENT PROVIDED BY BAYEAS IS NOT FOR RESALE. YOUR USE OF THE SITE DOES NOT ENTITLE YOU TO MAKE ANY UNAUTHORIZED USE OF ANY PROTECTED CONTENT, AND IN PARTICULAR YOU WILL NOT DELETE OR ALTER ANY PROPRIETARY RIGHTS OR ATTRIBUTION NOTICES IN ANY CONTENT. YOU WILL USE PROTECTED CONTENT SOLELY FOR YOUR PERSONAL USE, AND WILL MAKE NO OTHER USE OF THE CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF BAYEAS AND THE COPYRIGHT OWNER. YOU AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN ANY PROTECTED CONTENT. WE DO NOT GRANT YOU ANY LICENSES, EXPRESS OR IMPLIED, TO THE INTELLECTUAL PROPERTY OF BAYEAS OR OUR LICENSORS EXCEPT AS EXPRESSLY AUTHORIZED BY THESE TERMS.

 

THIRD PARTY ACCOUNTS

WHILE USING THIS SITE, YOU ARE ABLE TO CONNECT YOUR ACCOUNT WITH BAYEAS TO THIRD PARTY ACCOUNTS. IF YOU CONNECT YOUR ACCOUNT WITH BAYEAS TO A THIRD PARTY ACCOUNT, YOU AGREE TO THE TERMS THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO OTHERS.

 

INTERNATIONAL USERS

IF THE SERVICE OF THIS SITE IS ACCESSED FROM A LOCATION OUTSIDE OF THE UNITED STATES OF AMERICA, YOU ARE RESPONSIBLE FOR THE COMPLIANCE OF ALL LOCAL LAWS. AGREEING TO THE TERMS, YOU UNDERSTAND THAT THE SERVICE PROVIDED BY THE SITE IS CONTROLLED AND OPERATED BY BAYEAS LOCATED IN THE UNITED STATES OF AMERICA. YOU AGREE THAT YOU WILL NOT USE THE CONTENT ACCESSED THROUGH BAYEAS IN ANY COUNTRY OR IN ANY MANNER PROHIBITED BY ANY APPLICABLE LAWS, RESTRICTIONS OR REGULATIONS.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BAYEAS AND OUR PARTNERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, AND THIRD PARTIES FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. BAYEAS RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH BAYEAS IN ASSERTING ANY AVAILABLE DEFENSES.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY BAYEAS THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS. BY AGREEING TO THESE TERMS, YOU AGREE THAT YOUR USE, OR INABILITY TO USE, THE SERVICE PROVIDED BY BAYEAS IS AT YOUR SOLE RISK. 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. BAYEAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAYEAS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR ANY SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAYEAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

TERMINATION/ACCESS RESTRICTIONS

BY AGREEING TO THE TERMS, YOU ACKNOWLEDGE THAT BAYEAS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO THE SITE AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE. THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN CALIFORNIA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE SITE. USE OF THE SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THIS SECTION.

 

AGREEMENT

YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND BAYEAS AS A RESULT OF THIS AGREEMENT OR USE OF THE SITE. BAYEAS’ PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS EXEMPT FROM BAYEAS’ RIGHT TO COMPLY WITH GOVERNMENTAL, COURT, AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY BAYEAS. 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.

 

CHANGES TO TERMS OF SERVICE

UNLESS STATED OTHERWISE, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND BAYEAS WITH RESPECT TO THE SITE AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND BAYEAS WITH RESPECT TO THE 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 AND 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 WRITTEN IN ENGLISH.

 

CHANGES TO TERMS

BAYEAS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THE TERMS UNDER WHICH BAYEAS IS OFFERED. THE MOST CURRENT VERSION OF THE TERMS WILL SUPERSEDE ALL PREVIOUS VERSIONS. BAYEAS ENCOURAGES YOU TO PERIODICALLY REVIEW THE TERMS TO STAY INFORMED OF OUR UPDATES.

 

GOVERNING LAW

THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF UK.

 

CONTACT US

YOU MAY CONTACT US WITH QUESTIONS OR COMMENTS REGARDING THE TERMS AT INFO@BAYEAS.COM

 

TRADE NAME: ONESO INC

EMAIL: INFO@BAYEAS.COM