Terms and Conditions
Terms and Conditions
Acceptance of Terms
Baron Manufacturing provides access to www.baronsnaps.com Our attorney insists that your use of the Site is subject to your acceptance of this Website User Agreement ("Agreement").
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern.
Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.
Use of the Site
Baron Manufacturing cannot and do not guarantee that the Site will be free of infection from viruses that could damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
RISK; INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE, ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.
Baron Manufacturing periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. Baron Manufacturing shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Baron Manufacturing and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Baron Manufacturing's defense of any claim. Baron Manufacturing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Baron Manufacturing.
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Baron Manufacturing and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Baron Manufacturing
You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Baron Manufacturing
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Baron Manufacturing or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Baron Manufacturing copyright.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Baron Manufacturing's policy regarding copyright infringement and Baron Manufacturing's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Baron Manufacturing respects the intellectual property rights of others and requires those that visit our web site to do the same. Baron Manufacturing may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. Baron Manufacturing also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify Baron Manufacturing's copyright agent by written notice.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF BARON MANUFACTURING OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL BARON MANUFACTURING'S TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO BARON MANUFACTURING FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF BARON MANUFACTURING, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
Your Account and Membership Obligations
In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Baron Manufacturing shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
Purchase and Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing or product information or otherwise, Baron Manufacturing shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Baron Manufacturing shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for the purchase and his/her order is canceled, Baron Manufacturing shall issue a credit to the User's credit card account in the amount of the charge.
No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Baron Manufacturing has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Baron Manufacturing does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
Baron Manufacturing makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Acceptable and Lawful Use of the Site
Any information provided to Baron Manufacturing in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Baron Manufacturing or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail.
Miscellaneous Stuff: Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement. Any delay or failure by Baron Manufacturing, at any time or times, to require performance of any provision hereof shall in no manner affect Baron Manufacturing’s right at a later time to enforce such provision. No delay or failure by Baron Manufacturing in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Baron Manufacturing Baron Manufacturing may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Baron Manufacturing and you pertaining to the subject matter hereof.
Updates and Modifications
In its sole discretion, Baron Manufacturing may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Baron Manufacturing reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
Baron Manufacturing may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion.
Information Collected from Users
Baron Manufacturing collects the email address of Users that email a question or comment to Baron Manufacturing or submit a customer review.
Baron Manufacturing collects the billing and shipping addresses, including relevant e-mail, phone and credit card numbers and expiration dates of Users who purchase a product from Baron Manufacturing through the Site. This includes Users who register to become Baron Manufacturing members or enter any Baron Manufacturing contests or other promotional features available on the Site. Baron Manufacturing does not store a User’s credit card information, meaning this information must be re-entered each time an item is purchased.
Through the use of “cookies” (For more information regarding Cookies, see below), Baron Manufacturing may collect and store anonymous information relating to Users’ browsing patterns, including, for instance, the User’s browser version, site referral information, IP address, operating system, and other technical Site use information.
The Site uses a feature of Internet Web browsers called a Cookie, which is a file that a User’s Web browser places on a User’s computer's hard drive, to assign an identification code to the computer and to collect anonymous browsing information. On this Site, cookies are used in conjunction with session variables to track a User's shopping cart and expire as soon as an order is completed or if a shopping cart sits idle for a lengthy period without being checked-out.
You may set your Internet Web browser to notify you when you receive a cookie or to prevent cookies from being sent. If you prevent a cookie from being sent, you may limit the functionality Baron Manufacturing can provide you when you visit the Site, especially when purchasing an item on the Site.
Use of Information
Baron Manufacturing uses the Information collected from its Users to:
• Respond to Users’ questions or comments;
• Administer a User’s contest entry or entry in other promotional feature;
• Fulfill a User’s purchase request and notify Users of their order status; and
• Provide Users with important functionality changes to the Site, new Baron Manufacturing services and special offers we think you will find valuable.
Disclosure of Information to Third Parties
Unless we have your consent or except as required or permitted by law, Baron Manufacturing will not sell, share, trade or give away any Information that it collects or receives regarding its Users.
Baron Manufacturing may disclose information about our Users to others if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of Baron Manufacturing or others. Baron Manufacturing may disclose Information to third party in the event that a third party acquires Baron Manufacturing or its assets. (See, Sale or Acquisition section below.)
Linked Internet Web Sites
The Site may provide hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to another place within the document, to another document altogether, or may take you to a third party website not controlled by Baron Manufacturing. These hyperlinked third party websites may collect and disclose Information different than this Site. Baron Manufacturing is not responsible for the collection, use, or disclosure of information collected through these web sites, and Baron Manufacturing expressly disclaims any and all liability related to such collection, use, or disclosure.
The Baron Manufacturing Site is not directed towards children under 18 years of age and Baron Manufacturing does not knowingly collect any information from children under 18 years of age through the Site.
Sale or Acquisition
In the event that another company acquires Baron Manufacturing or all or part of its assets, we reserve the right to include Information among the assets transferred to the acquiring company.
APPLICABLE LAW/INTERNATIONAL ISSUES