TERMS & CONDITIONS
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE BAJA ZEN WEB SITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These terms and conditions apply to the web site located at www.bajazenusa.com (the “Web Site”) and the design and content featured on this Web Site including text, materials, product designs, product information, graphics, artwork, images, so-called “look and feel”, photography, audio and video clips or content, employment opportunities, software, data and other information on this Web Site as may be updated from time to time (the “Content”). By accessing and using this Web Site and the Content, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this Web Site and/or the Content. If you do not agree with these terms and conditions, do not access or use the Web Site or the Content.
INTELLECTUAL PROPERTY AND USAGE RESTRICTIONS
Unless otherwise indicated, all trademarks on this website are subject to trademark rights of Baja Zen,LLC (which we may refer to as “Baja Zen,” “we,” “us,” or “our”) including product names, logos, and graphics. The arrangement and compilation of all content on this Website are the exclusive property of Baja Zen and are protected by U.S. and international copyright laws. All software used on this site is the property of Baja Zen or its software suppliers and is protected by United States and international copyright laws. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Baja Zen. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Baja Zen will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
WEBSITE CONTENT, PRODUCT INFORMATION AND WEBSITE ERRORS
The Website and its content, including but not limited to prices, Product descriptions and images, and Product availability are subject to change without notice. Baja Zen makes no warranty or guarantee that the information on our website, including product descriptions, prices or other content is accurate, complete, reliable, current, or error-free. In the event content on the Website contains incorrect information, Baja Zen shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Baja Zen shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. Errors will be corrected where discovered, and Baja Zen reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Baja Zen also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and payment processed. If your order is canceled after your payment has been processed, we will issue a full refund to the method of original payment.
ACCEPTANCE, REJECTION, OR CANCELLATION OF ORDERS
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We may choose not to accept any orders including those that Baja Zen suspects are not placed in good faith or contravene applicable law. In the event an order is cancelled, we may or may not contact you. We also reserve the right to cancel any order in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:
the product is not available/in stock;
your billing information is not correct or not verifiable;
your order is flagged as an unusual order or an order susceptible to fraud;
we suspect your order was not placed in good faith;
there was an error in the price displayed on the Website;
we could not deliver to the address provided by you;
due to an event outside our control
BLOCKED ACCOUNTS
Baja Zen reserves the right to refuse business from any individual who it determines does not agree and/or has refused to follow our Terms/ Policies. Additionally, Baja Zen reserves the right to refuse business or give product assistance to any individual who contacted us by phone, letter or email and communicated to us in a way we felt was offensive, threatening, obscene or defamatory. Also, a customer who proceeds with a charge back against us and/or threatens such action or any other adverse action, legal or otherwise, against our company, may at the discretion of Baja Zen also be blocked from doing future business with our company.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
The Website and its content are made available to users AS IS without any warranty of any kind. Baja Zen makes no representations, guarantees, or warranties regarding the accuracy, reliability, availability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content of this Website. BAJA ZEN, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, BAJA ZEN DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
LIMITATION OF LIABILITY
BAJA ZEN SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, BAJA ZEN HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND BAJA ZEN SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, BAJA ZEN IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS WEBSITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS WEBSITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN BAJA ZEN'S SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY OR AFFILIATION WITH BAJA ZEN.
INDEMNIFICATION
By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, Baja Zen and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.
CONTACT
info@bajazenusa.com