Terms of Services

1. Acceptance of these Terms of Service

All Intellectual Property Rights are owned by BayMaterials, LLC. (hereinafter “BayMaterials”) and its licensors.

Your (“You”) use of the baymaterials.com website and /or any other information exchange media, made available by BayMaterials (collectively the “Website”) and any Products You order via the Website is governed by these Terms of Service (“Terms of Service”).

BY ACCESSING THE WEBSITE AND/OR USING IT YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS AND/ OR USE THE WEBSITE.

If You are under 18 years of age or a minor in your country of residence, please ask Your legal guardian to complete your registration to the Website for you. If You are under 10 years of age You are not entitled to use the Website.

Subject to Your acceptance of and compliance with these Terms of Service, BayMaterials grants You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely as for Your personal and non-commercial purposes as set forth in these Terms of Service.

Please note that the terms and conditions related to privacy and protection of Your personal information are governed by the Privacy Policy provided in the Website (“Privacy Policy”). You hereby confirm that You have read and accept our Privacy Policy.

2. Contact details of BayMaterials

BayMaterials, LLC.

Address: 3700 Haven Court, Menlo Park, CA 94025

Contact: info@baymaterials.com

3. Provision and use of the Website

BayMaterials has the right to provide the Website as it deems appropriate including the right to amend the Website. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense. BayMaterials aims to notify You of any substantial changes that materially affect the use of the Website a reasonable time in advance.

BayMaterials may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. BayMaterials aims to ensure that the suspension is as short as possible. BayMaterials has the right to terminate the Website at its sole discretion. Should any suspensions or termination of the Website occur, BayMaterials aims to reasonably notify You of such occurrences in beforehand.

You agree to use the Website in a manner that does not cause harm to BayMaterials, other users or third parties. BayMaterials reserves the right to terminate or restrict Your access to the Website without prior notice if You violate these Terms of Service or if You abuse the Website or load the Website to an unusual extent. BayMaterials is entitled to prevent access to the Website if it has reason to believe that You are engaged in illegal activity or compromise other users’ or BayMaterials’s data security or privacy.

BayMaterials may use subcontractors to fulfill its obligations pertaining to the Website and/or these Terms of Service.

4. Intellectual Property Rights

BayMaterials (or its licensors) shall own all rights, title and interest in and to the Website as well as any material in or provided through the Website, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (“Intellectual Property Rights”). You shall not receive any ownership rights by using the Website.

5. Feedback

In connection with Your use of the Website You may provide BayMaterials with suggestions, ideas, reviews, comments, questions or other information and/or material regarding the Website (“Feedback”). After providing the Feedback to BayMaterials You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant BayMaterials and its partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to BayMaterials, without charge, the right to commercialize Your Feedback in any way and for any purpose. BayMaterials has no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.

You agree not to provide BayMaterials with Feedback that is subject to a third party license that requires BayMaterials to license the Website or the material contained therein to third parties because BayMaterials includes Your Feedback in the Website. Further, BayMaterials does not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by BayMaterials. Any Feedback that You submit to BayMaterials will be deemed non-confidential or non-proprietary, unless BayMaterials has specifically stated otherwise.

Notwithstanding anything to the contrary, the protection of Your personal data is at all times subject to BayMaterials’s Privacy Policy.

6. Indemnification

You shall be liable and agree to indemnify BayMaterials and third parties for and against all damages, which are caused by Your unlawful behavior or Your breach of these Terms of Service.

7. Links to Third Party Sites

The Website may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). BayMaterials shall not be responsible for the content or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of service and/or privacy policies, the contents of which BayMaterials recommends You to review.

8. Force majeure

A force majeure event shall discharge BayMaterials from its obligations with respect to the Website in the event that the said force majeure event prevents or unreasonably impedes the performance pertaining to the Website. Examples of force majeure include fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance.

BayMaterials shall seek to announce force majeure through the Website immediately whenever such announcement is possible.

9. Amendments and Termination

BayMaterials has the right to amend these Terms of Service by notifying You of such amendments reasonably in advance. BayMaterials delivers the amended Terms of Service to You via the Website or some other suitable means at its discretion. Your continued use of the Website after receiving the notification regarding such amendments shall be deemed as Your acceptance of the amended Terms of Service.

In case You object the entry into force of the amended Terms of Service and if You and BayMaterials do not agree otherwise in writing, Your right to use the Website shall terminate on the date the amended Terms of Service enter into force.

BayMaterials may also at its discretion notify You of amendments and make the amended Terms of Service available without prior notice upon the next time You access the Website and make it conditional for continued use of the Website for You to specifically accept the amended Terms of Service (for example by clicking “Accept”). However, should You choose not to accept the amended Terms of Service made available to You in accordance with this paragraph Your right to use the Website shall terminate immediately.

If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.

10. Limitation of liability

The Website is provided on an “AS IS” basis without warranties of any kind. BayMaterials does not warrant that the Website will function without interruptions or error-free. BayMaterials shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the Website nor for the content or other features of the products or services offered on or conveyed through the Website. Further, BayMaterials shall not be liable for the content in the Website, including without limitation the data, or any other information exchange media on or connected with the Website.

BayMaterials shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Website. BayMaterials is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, BayMaterials disclaims any liability for direct or indirect damages caused to You by harmful programs (viruses, worms or the like) or incorrect content in the Website. BayMaterials bears no liability for damages caused by You or by a third party.

BayMaterials’ maximum liability for direct damages caused to You or Your property is at all times limited to the amount paid by You for the Product(s) You have ordered via the Website that gave reasons for the claim. BayMaterials is never liable for any indirect or unforeseeable damages caused to You at any given circumstances.

11. Applicable law and settlement of disputes

These Terms of Service and the contractual relation related thereto shall be governed by the laws of the United States. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in the District Court of San Mateo, California as the first instance.