Our Terms & Conditions
Last Updated: 08/03/2023
Welcome to Bakerstreet Industries Inc. Please read these Terms of Use ("Terms") carefully, and keep a copy of them for your reference. They contain the legal terms and conditions that govern your use of and access to our websites, mobile sites, and mobile applications (collectively, our "Sites and Apps"), as well as our provision of products and services (collectively, the “Service”).
Your use of our Sites and Apps constitutes your agreement to all such Terms. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms. We may revise these Terms from time to time by posting a revised version.
YOUR CONTINUED USE OF ANY OF THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.
Electronic communications
Visiting our Sites and Apps or sending emails to Bakerstreet Industries constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on our Sites and Apps, satisfy any legal requirement that such communications be in writing.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use of our Sites and Apps strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bakerstreet Industries that you will not use our Sites and Apps for any purpose that is unlawful or prohibited by these Terms. You may not use our Sites and Apps in any manner which could damage, disable, overburden, or impair the our Sites and Apps or interfere with any other party's use and enjoyment of our Sites and Apps. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Sites and Apps.All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on our Sites and Apps, is the property of Bakerstreet Industries or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our Sites and Apps. Bakerstreet Industries content is not for resale. Your use of our Sites and Apps does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bakerstreet Industries and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bakerstreet Industries or our licensors except as expressly authorized by these Terms.
We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion.
While using any of our Sites and Apps, you agree not to:
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Display adult nudity or inappropriate child nudity.
- Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.
- Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.
Your account
If you use this site, 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. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bakerstreet Industries is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree not to disclose your username or password to any third party. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps. Bakerstreet Industries and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Sites and Apps.
We provide information about our personal data practices for children on our privacy policy and wherever we knowingly collect personal data from children on our Sites and Apps. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use our Sites and Apps only with permission of a parent or guardian.
Links to third party sites/Third party services
Our Sites and Apps may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bakerstreet Industries and Bakerstreet Industries is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bakerstreet Industries is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bakerstreet Industries of the site or any association with its operators.
Certain services made available via our Sites and Apps are delivered by third party sites and organizations. By using any product, service or functionality originating from our Sites and Apps, you hereby acknowledge and consent that Bakerstreet Industries may share such information and data with any third party with whom Bakerstreet Industries has a contractual relationship to provide the requested product, service or functionality on behalf of Bakerstreet Industries users and customers.
We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice.
Materials submitted by user
Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to (i) use, reproduce, distribute, copy, store, publicly perform and display, modify, and create derivative works (through multiple tiers) and publicly display such User Submitted Materials as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed and to show you how your User Submitted Materials would appear in our products or services, (ii) use and disclose benchmarks, metrics and analytics regarding the User Submitted Materials in an aggregate or other non-personally identifiable manner (including, for use in improving our Service or in marketing and business development purposes), (iii) use any User Submitted Materials (including any Education Record) that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the Bakerstreet Industries Privacy Policy.
Please note that, while you retain ownership of your User Submitted Materials, any enhancement, template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Sites and Apps are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
Cookies
See this Site's Cookie Policy at https://bakerstreet.industries/cookies for information on the cookies we use.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Sites and Apps.
International Users
The Service is controlled, operated and administered by Bakerstreet Industries from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bakerstreet Industries Content accessed through our Sites and Apps in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Bakerstreet Industries, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use our Sites and Apps or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bakerstreet Industries reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bakerstreet Industries in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BAKERSTREET INDUSTRIES INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR SITES AND APPS AT ANY TIME.
BAKERSTREET INDUSTRIES INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BAKERSTREET INDUSTRIES INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAKERSTREET INDUSTRIES INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SITES AND APPS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR SITES AND APPS, OR OTHERWISE ARISING OUT OF THE USE OF OUR SITES AND APPS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAKERSTREET INDUSTRIES INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITES AND APPS.
Termination/access restriction
Bakerstreet Industries reserves the right, in its sole discretion, to terminate your access to our Sites and Apps and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of our Sites and Apps. Use of our Sites and Apps is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bakerstreet Industries as a result of this agreement or use of our Sites and Apps. Bakerstreet Industries' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bakerstreet Industries' right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Sites and Apps or information provided to or gathered by Bakerstreet Industries with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bakerstreet Industries with respect to our Sites and Apps and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bakerstreet Industries with respect to our Sites and Apps. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Bakerstreet Industries reserves the right, in its sole discretion, to change the Terms under which our Sites and Apps is offered. The most current version of the Terms will supersede all previous versions. Bakerstreet Industries encourages you to periodically review the Terms to stay informed of our updates.
Automatic Renewal
YOUR BAKERSTREET INDUSTRIES ADMINISTRATOR SUBSCRIPTIONS AND PAYMENTS TO US WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD, UNLESS YOU CANCEL YOUR SUBSCRIPTION BY CONTACTING CUSTOMER SERVICE AT INFO@BAKERSTREET.INDUSTRIES OR WE TERMINATE IT BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD.
Contact Us
Bakerstreet Industries welcomes your questions or comments regarding the Terms:
Bakerstreet Industries Inc
675 Town Square Blvd., Suite 200
Garland, Texas, 75040