CREATIVE. FARSIGHTED.
AFFORDABLE BUSINESS
SOLUTIONS.

TERMS OF USE

TERMS OF USE POSTED DATE: NOVEMBER 2015
TERMS OF USE REVISION DATE: NA

TERMS OF USE


Site Ownership

The Terms and Conditions of Use, referred to herein as 'Terms of Use', applies to the website of The Baza-miyat Company, referred to herein as the 'Company', located at http://www.bazamiyat.com and any other websites owned, operated, or controlled by the Company, collectively, referred to herein as the 'Site'.

By using the Site, you agree to these Terms of Use, if you do not, please do not use the Site.


Site Content

Material from the Site, including: all text, graphics, photographs, artworks, user interfaces, trademarks, logos and computer code, collectively referred to as 'Content', including but not limited to: the design; structure; expression; look-and-feel and arrangement of such Content contained on the Site is owned, controlled or licensed by or to the Company, and is thus, protected by copyright, trade dress, trademark laws, and various other intellectual property rights, and the laws of unfair competition.

Further, no part of the Site and no Content of the Site may be copied or distributed, published, uploaded, posted or transmitted, whether in whole or in part, through any present or future form of media, without the expressed and written permission of an authorized representative of the Company.

Educational and Personal, Non-Commercial Home Use

In addition, to the terms and conditions stated within this section of the Terms of Use, the Company grants you permission to use, with specificity, any blogs, white papers and press releases, collectively referred to as 'Documents' for, and only for educational or personal, non-commercial home use provided that:
  1. The copyright notice below, or as otherwise provided for in such Documents, appears in any and all copies of the Documents;

    Copyright © 2015 The Baza-miyat Company. All Rights Reserved.

  2. No modifications are made to any of the Documents and

  3. For academic institutions, such as K-12, universities, private colleges, public colleges, or community colleges, only physical, hard copies, of the Documents may be distributed within the classroom, whether the classroom environment is taught in a physical environment, virtual environment or both. Any electronic, soft copies, that are to be made available for distribution within the classroom, whether the classroom is taught in a physical environment, virtual environment or both, requires the expressed and written permission of an authorized representative of the Company.


Site Use

You may not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site. You may only access the Site through the interface provided to you by the Company, unless you have been given special access permissions in a separate written agreement by an authorized representative of the Company.

Furthermore, you may not attempt to gain unauthorized access to any portion, feature or process of the Site and you may not test or scan the Site for vulnerabilities or attempt to breach the security or authentication measures implemented on the Site. You also acknowledge and agree that you may not use the Site or any Content, whether in whole or in part, for any or all purposes that is unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activity, which infringes upon the rights of the Company.


Class of Services or Goods

Website Design and Development Services

Website Services Policy

All website design and development services, referred to herein as 'Website Services', made available through the Site, are subject to terms and conditions as outlined in the Website Services Policy, referred to herein as 'WSP'. Prior to the purchase of any Website Services made available through, under or on the Site, you must agree to the terms and conditions of the WSP. The WSP applies to the use of this Site, and as such, the terms and conditions of the WSP are made a part of this Terms of Use by this reference.


Classes of Services or Goods: Other

Special Offers

Combo Specials

From time to time and at the sole discretion of the Company, combo specials may be offered as a way of purchasing two items together at a discounted price. Combo specials may be subject to quantity limits; one per order or household, and will be available only for a predetermined time period. When combo specials are offered, notices will be prominently displayed on the product or service page or pages for which a combo special is available for. Further, combo specials for products are only valid while supplies of both items last.

Bundle Specials

From time to time and at the sole discretion of the Company, bundle specials may be offered as a way of purchasing multiple items together at a discounted price. Bundle specials may be subject to quantity limits; one per order or household, and will be available only for a predetermined time period. When bundle specials are offered, notices will be prominently displayed on the product or service page or pages for which a bundle special is available for. Further, bundle specials for products are only valid while supplies of all the items last.

Gifts

Under special circumstances and at the sole discretion of the Company, complimentary appreciation gifts may be made available with select product or products, or select service or services. Gifts may be subject to quantity limitations; one per order or household, and will be available only for a predetermined time period. When gifts are offered, notices will be prominently displayed on the product or service page or pages for which a gift is available for. Further, gifts are only valid for as long as supplies last.

Important Notice About Gifts and Special Offers

The Company reserves the right to: 1) impose a new quantity limitation; on a per order or household basis or 2) end any special offers before the alloted time has expired without prior notice. The rights of the Company also extend to any special offers associated with any products or services within your shopping cart.


Account, Password and Security

There may be certain services, products, features or processes offered on, under or through the Site which may require you to open an account. During the account registration process, please ensure the information you submit is current, complete and accurate. You are entirely responsible for maintaining the confidentiality of both your account and password, in addition to, any and all activities that occur through, under or on your account. You may not use anyone else's account or password at any time without the expressed permission and consent of the holder of that account and password. In the event you suspect that your account may have been accessed by an unauthorized user, you agree to notify the Company immediately. The Company will not be held liable for any loss that you may incur as a result of someone else using your password or account, whether that is with or without your expressed permission and consent. Furthermore, you may be held liable for losses incurred by the Company or another party due to someone else using your account or password.


Privacy

The Privacy Policy, referred to herein as the 'Privacy Policy', applies to the use of this Site, and as such, the terms and conditions of the Privacy Policy are made a part of this Terms of Use by this reference.


Service, Product and Blog Related Feedback

Service related feedback, product related feedback, or blog related feedback, collectively, referred to herein as 'Client Feedback', is subject to the terms and conditions of the Feedback Policy, referred to herein as 'Feedback Policy'. Further, the Feedback Policy applies to the use of this Site, and as such, the terms and conditions of the Feedback Policy are made a part of this Terms of Use by this reference.


Client Submitted Content

You acknowledge and understand that any and all Client Feedback or other communications you transmit in any manner and for any reason through, under or on the Site or to the Company, collectively referred to as 'Submissions', will not be treated as confidential or proprietary. Furthermore, you acknowledge and grant the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute and display your Submissions throughout the world in any, present or future form of media. Additionally, you represent and warrant that you own or otherwise control all of the rights to the Submissions you submit on the Site or to the Company and that use of your Submissions by the Company will not infringe upon or violate the rights of any third-party.


Third-Party Links

This Site may contain links to third-party websites, referred to herein as 'Linked Sites', which are provided to you solely as a convenience. Further, Linked Sites do not fall under the control of the Company, and the Company is not responsible for, and does not endorse the content furnished by the Linked Sites.


Changes to Terms of Use

Please refer to the Terms of Use regularly, as the Company reserves the right, at any time, to: modify; amend; alter; or update the Terms of Use without prior notice. Therefore, your continued use of the Site, following the posting of changes to this Terms of Use signifies that you agree to be bound by such modifications, amendments, alterations, or updates.


Indemnification

You agree to indemnify and hold the Company, its directors, officers, employees, agents or brokers, predecessors and affiliates, harmless from any claims, damages or expenses, including attorneys' fees, resulting from your violation or violations of the Terms of Use.


Jurisdiction

By visiting the Site, you acknowledge and agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute that might arise between you and the Company. You further acknowledge and agree that any dispute arising from the Terms of Use or related thereto shall be subject to the jurisdiction of said Courts located in the Commonwealth of Pennsylvania.


Dispute Resolution

In the event a dispute arises between you and the Company, you agree that any and all disputes arising hereunder, shall be settled by arbitration, with the rules of the American Arbitration Association governing such dispute, and that the venue of arbitration shall be held at a mutually agreed upon location within the Commonwealth of Pennsylvania.

Prior to arbitration, both you and the Company shall mutually agree upon the arbitrator who shall preside over such dispute with the requirements, as set forth herein; only one arbitrator may be elected by both you and the Company to preside over such dispute, and that the elected arbitrator shall have no vested interest, whether past or present, in whole or in part, direct or indirect, in such dispute between both you and the Company, nor shall the elected arbitrator, through the course of arbitration of such dispute, whether in whole or in part, direct or indirect, develop a vested interest in such dispute, nor shall the elected arbitrator through the course of arbitration of such dispute, whether in whole or in part, direct or indirect, develop a vested interest in you or the Company, as to influence, whether in whole or in part, direct or indirect, the arbitration proceedings of such dispute or the final judgment passed by the elected arbitrator of such dispute between you and the Company. You agree that upon the passing of final judgment by the elected arbitrator of such dispute between you and the Company, that the arbitrator's final judgment shall be binding on both you and the Company and that no further relief may be sought with regards to such dispute, as brought forth by either you or the Company.


Disclaimer

The Company does not promise that the Site or any Content, service, product, feature or process of the Site will be error-free or uninterrupted. Further, the Company may make changes or improvements at any time to correct technical inaccuracies or typographical errors on the Site.

THE SITE AND ITS CONTENT AND INFORMATION ARE DELIEVERED AND PROVIDED TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL CONTENT AND INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, OR INFORMATION INCLUDED ON THE SITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA VIEWED OR DOWNLOADED FROM THE SITE, OR THE SERVER UPON WHICH THE SITE IS MADE AVAILABLE TO YOU BY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE THE CONTENT AND INFORMATION MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT THE COMPANY WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON INFLUENCED BY YOUR ACTION OR ACTIONS FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR THE COMPUTER OR SYSTEM OF ANY OTHER PERSON INFLUENCED BY YOUR ACTION OR ACTIONS. NOR SHALL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, INCLUDING BUT NOT LIMITED TO: ACTS OF GOD; COMMUNICATION LINE FAILURE; THEFT; DESTRUCTION; OR UNAUTHORIZED ACCESS TO THE SITE.


Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In the event the Company, not withstanding the other provisions of these Terms of Use, is found to be liable to you for any damages or losses which arises out of or is in any way connected with your use of the Site or any Content, liability of the Company shall in no event exceed the greater of: 1) the total amount paid by you, if any, for accessing the Site, but not including the purchase price for any service or services, product or products, purchased by you from the Site, or 2) $100.00.

A few jurisdictions within the United States of America may not allow for limitations of liability, in such circumstances the foregoing limitation may not apply to you.


Severability

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


Entire Agreement

These Terms of Use constitute the entire agreement between you and the Company with regards to your use of the Site, and supersede any prior written or oral agreements made between you and the Company with respect to the Site.