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Terms of Use

Terms of Use

December  2020

These Terms of Use explain the contractual relationship between you and BABA US Online Inc ("BABA," "us," "we" or "our") regarding your use of, and access to our website located at www.biyababa.com (the "Website"). These Terms of Use, which include our Privacy Policy, constitute a binding agreement between you and BABA.

By using our Website, you confirm that you understand and accept these Terms of Use, and that you agree to comply with and be bound by them.

What is the purpose of these Terms of Use?

These Terms of Use (together with the Privacy Policy and Purchasing Policy) explain the terms on which you may use our Website. Use of our Website includes accessing, browsing and purchasing items on the Website.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they will be binding.

If you breach these Terms of Use in any way, we may take such action as we consider appropriate.

We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.

What other terms apply to my use of the Website?

These Terms of Use include the following additional terms, which also apply to your use of our Website:

  • Our Refund Policy which applies if you purchase products on our Website.
  • Our Privacy Policy which (i) describes how we process any personal information or other data we collect from you, or that you provide to us by using our Website; and (ii) provides information about how we use cookies on our Website.

What should I be aware of when accessing the Website?

Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable license to access and use the Website on a computer, tablet device or mobile phone that you own or lawfully control.

This Website is directed at people residing in the United States of America and Canada, and is not intended to subject BABA to the laws or jurisdiction of any other country or territory. We do not represent that content available on or through our Website is appropriate or available in other locations. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the USA or Canada, you do so at your own risk.

There is no charge to access and browse the Website and Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website and Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

Can I link to the Website?

You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

  • Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • Establish a link to our Website in any website that is not owned by you.
  • Frame our Website on any other website or create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact suppport@biyababa.com.

What am I prohibited from doing?

You may use our Website only for lawful purposes. You may not use our Website:

  • In any way that breaches any applicable state or federal law or regulation, or these Terms of Use.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service.
  • Copy (except as expressly permitted by these Terms of Use) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any).
  • In any manner not specifically authorized hereunder.

What about viruses?

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You must not:

  • Misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
  • Attack our Website via a denial-of-service attack or a distributed denial-of- service attack.

We may report any such prohibited activities to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such activities, your right to use our Website will cease immediately.

What about third party links and resources in the Website?

The Website and Service may contain links to other sites, and content and resources provided by third parties (collectively, "Third Party Materials"). These Third Party Materials are provided for your information only. BABA does not investigate or monitor Third Party Materials, and therefore is not responsible or liable for the same. You are advised that different terms of use and privacy policies may apply to your use and access of Third Party Materials. When you use a link to go from our Website to a third party website, these Terms of Use and our Privacy Policy is no longer in effect. We encourage users to read and consider the policies of these other websites before using them.

What about intellectual property rights and using material on this Website?

ontent on our Website for commercial purposes without obtaining a license to do so from us or from our licensors. We reserve the right to prohibit any person from using this Website for any reason whatsoever. BABA, or its affiliates, licensors or content providers, retain full and complete right, title and interest to the material provided on the Website, including the Website Content and all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our and/or our affiliates' sole discretion. BABA neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with us or our affiliates.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. BABA reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which BABA may be entitled, at law or in equity.

Trademarks, logos and service marks displayed on this Website are registered and/or unregistered trademarks of BABA, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Can I rely on information on the Website?

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, up-to-date or free from errors or omissions.

The views expressed by other users on our Website do not represent our views or values.

WE DISCLAIM ALL WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BABA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. BABA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

WE LIMIT OUR LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BABA NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, BABA' REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BABA, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BABA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. IN NO EVENT WILL BABA' AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID BABA FOR ANY PRODUCT, THE AMOUNT OF $25.00 U.S. DOLLARS. YOU AND BABA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You Agree to Indemnify Us For Violating These Terms of Use

You agree to indemnify, defend and hold harmless BABA and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney's fees and court costs, arising or resulting from that disruption. BABA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BABA in the defense of such matter.

Which law applies to these Terms of Use?

Any dispute over the content or use of the Website shall be governed and construed in accordance with the substantive laws of the United States and the State of New Jersey, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New Jersey for any action arising out of or relating to these Terms of Use.

Eligibility

You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms of Use, and (iii) you will abide by all these Terms of Use. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute BABA products or purchase BABA products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a user is engaging in fraudulent, objectionable or grey market activities, we may refuse such order.

Copyright Infringement

We respect the intellectual property rights of others, and require that people who use the Website and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). 

Entire Agreement

These Terms of Use, the Privacy Policy and the Refund Policy constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms of Use to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Amendment

BABA may update or amend these Terms of Use from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms of Use. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms of Use.

General

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms of Use. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. All notices and other communications under the Terms of Use must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to suppport@biyababa.com or by writing to us at BABA LLC, 617 S James Campbell blvd. Columbia, TN 38401.

How can I contact you?

If you have any questions regarding the Terms of Use or the Website or Service, please email us at suppport@biyababa.com.