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Conditions of Use

Welcome to Bibaja.com, operated by Bibaja Landscape Automation, LLC. Bibaja.com provides their services to you subject to the following conditions. If you visit or shop at Bibaja.com, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Bibaja.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Bibaja.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bibaja.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bibaja.com and protected by U.S. and international copyright laws. All software used on this site is the property of Bibaja.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Bibaja, Bibaja.com, the Bibaja graphic logo, and other graphics are trademarks or trade dress of Bibaja Landscape Automation, LLC. Bibaja's trademarks or trade dress may not be used in connection with any product or service that is not Bibaja's, in any manner that is likely to cause confusion among customers, or in any manner disparages or discredits Bibaja Landscape Automation, LLC. All other trademarks not owned by Bibaja Landscape Automation, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bibaja Landscape Automation, LLC.

LICENSE AND SITE ACCESS

Bibaja.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bibaja.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bibaja.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bibaja.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bibaja.com's name or trademarks without the express written consent of Bibaja.com. Any unauthorized use terminates the permission or license granted by Bibaja.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bibaja.com so long as the link does not portray Bibaja.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bibaja.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bibaja.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, FEEDBACK

Visitors may post reviews, comments, and feedback about products and submit suggestions, ideas, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. Posts should not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

If you do post content or submit material, and unless we indicate otherwise, you grant Bibaja.com a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bibaja.com or its affiliates for all claims resulting from content you supply.

Bibaja.com has the right but not the obligation to monitor and edit or remove any activity or content. Bibaja.com takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased through Bibaja.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Bibaja.com attempts to be as accurate as possible. However, Bibaja.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bibaja.com itself is not as described, your sole remedy is to return the product within 30 days in unused condition.

PRICING

Bibaja.com cannot confirm the price of an item until you order, however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of items may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY BIBAJA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIBAJA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIBAJA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIBAJA.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BIBAJA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIBAJA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Bibaja.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bibaja.com.

DISPUTES

Any dispute related in any way to your visit to Bibaja.com or to products you purchase through Bibaja.com shall be submitted to confidential arbitration in San Jose, California, except that, to the extent you have in any manner violated or threatened to violate Bibaja.com's intellectual property rights, Bibaja.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

OUR ADDRESS

Bibaja Landscape Automation, LLC
615 Trinkling Creek
Felton, CA 95018
1-408-786-5825

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