Terms Of Use
Acceptance of Terms of Use
These Terms of Use govern your use of the BagTropolis.com website (the "Site")
as owned and operated by Tropolis Group LLC doing business as BagTropolis ("BagTropolis,"
“Company,†"We," "Us," and "Our"),
and all BagTropolis services and sales of products (the "Service").
By using the Site and/or registering on the Site, you acknowledge and represent
that you have read and understand these Terms of Use and that they become a
binding agreement ("Agreement") between you and BagTropolis. Whether
or not you register an account on the Site, by visiting or browsing the Site
you accept these Terms of Use and any modifications made to them from time to
time. These Terms of Use apply to all: (a) transactions between you and BagTropolis,
(b) use of the Site, and (c) your access to and use of calculators, resources,
text, pictures, graphics, logos, button items, icons, images, works of authorship
and other information and all revisions, modifications, and enhancements thereto
(the "Content").
YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, SITES AND CONTENT ARE SUBJECT
TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS.
PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE
OF, AND/OR ACCESS TO, THE PRODUCT, SITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT
TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH HEREIN. IF YOU DO NOT AGREE WITH
ANY OF THESE TERMS OF USE, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, SITE OR
CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, SITE, OR CONTENT.
Our Service
The Service allows registered users of the Site to purchase or rent products from BagTropolis in accordance with these Terms of Use. The user can choose products to rent from our catalog on the Site, and have them shipped to the user's address. We reserve the right to ask for a refundable security deposit and/or limit the number of items that a user may rent simultaneously and/or to require the return of any or all rented items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. Securirty deposits may be refunded to you by check, even if you initially used a credit/debit card for the secuirty deposit. The currently available registration options, and the monthly and weekly rental rates, are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to rent may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, BagTropolis makes no guarantees as to actual delivery time. The risk of loss for items shipped passes to you upon our delivery to the carrier. We will send you an email letting you know when your product is shipped. If you return a product in a damaged or dirty condition that exceeds normal wear and tear, as determined by BagTropolis in Our sole discretion, you agree that We may charge your credit card and/or use funds from your refundable security deposit, for a repair fee. You are not authorized or allowed to repair a bag, or have a bag repaired. All repairs must be administered by BagTropolis. If you return a product in an irreparable damaged condition, or you do not return a product due to loss or theft, you agree that BagTropolis may charge your credit card for a replacement fee for such product. The product replacement fee varies depending on the specifics of each product. Limited Edition items may have a higher replacement fee than retail value. You will be notified that such action is taking place. Please reference the Actual Damages section below for additional details. We may offer a points program for which we credit points to your account that you may then use at check-out to reduce the Order Total submitted for payment. We reserve the right to change the conditions of the points program at anytime, for example to reduce or eliminate the number of points credited for an action such as a friend referral. We reserve the right to expire points at anytime. Additionally, we reserve the right to change the ratio of points to credited dollars at anytime. Points are non-transferable and have no cash value.
Registering and Obtaining an Account
Before you can begin use of the Service, you must register as a user through the Site and obtain an account ("Account"). By registering as a user through the Site, you give us permission to obtain credit information from consumer credit-reporting agencies before you obtain an Account and at any time during your account registration. You must be 18 years of age or older to register as a user and use the Service. If you registered as a paid monthly member, your membership will automatically renew for successive membership periods, unless you change your membership level to the free monthly plan, or your membership is otherwise terminated under these Terms of Use. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
Billing
When you register as a user of the Site, you may be required to provide BagTropolis
with accurate, complete and current credit card information for a valid credit
card that you are authorized to use. By registering on the Site, you authorize
BagTropolis or its agent to bill your credit card the applicable membership
fees, per-item or renting fees, shipping charges, any and all applicable taxes,
and any other charges you may incur in connection with your use of the Service. In addition, BagTropolis may require you to complete a Credit Card Authorization Form and/or a Rental Contract after You submit an order and before We ship the product(s). Applicable membership fees will be charged to your credit card on the date your
membership is created and each month thereafter, on the calendar day corresponding
to the commencement of your membership. If your membership begins on the 29th,
30th or 31st of any month, BagTropolis will charge your credit card on the 28th
day of each subsequent month. Other fees will be charged to your credit card
as you incur them.
If BagTropolis does not receive payment from your credit card provider or if
your credit card expires or is rejected, you agree to pay all amounts due upon
demand. Following any such non-payment, we may require you to provide a second
valid credit card before continuing to use the Services and you authorize BagTropolis
to charge outstanding fees and other amounts due us against any credit card
you have on file with us. BagTropolis reserves the right to take all steps necessary
to collect amounts due from you, including but not limited to legal action and/or
using third party collection agencies. BagTropolis reserves the right to correct
any errors or mistakes that it makes even if it has already requested or received
payment.
We reserve the right to determine whether your credit card(s) is/are pre-authorized
to accept a minimum charge equal to your membership fee, product rental, and
the replacement value of the product as determined solely by BagTropolis. In
the event we feel the amount of available credit is not sufficient to cover
these amounts, we may request the immediate return of all outstanding items
and/or that you provide a second valid credit card before continuing to use
the Services.
If We are unable to charge Your credit card for the an extended rental period
or at any time for any amount owed to Us, the Service shall be immediately discontinued
and You will need to immediately return any rental products, which remain the
property of BagTropolis at all times, unless other arrangements are made with
an authorized agent of BagTropolis.
You are solely responsible for any and all fees charged to your credit card
by the issuer, bank, or financial institution including, but not limited to,
membership, overdraft, insufficient funds, and over the credit limit fees. You
agree to notify us about any billing problems or discrepancies within 90 days
after they first appear on your Account statement. If you do not bring them
to our attention within 90 days, you agree that you waive your right to dispute
such problems or discrepancies.
We may modify the price, content, or nature of the Service at any time. If we
modify any of the foregoing terms, you may cancel your order. We may provide
notice of any such changes by email, notice to you upon log-in, or by publishing
them on the Site.
Gift Certificates
We offer various Gift Certificates that can be applied toward a BagTropolis Product rental or purchase. In purchasing a Gift Certificate, you authorize us to charge your credit card. Gift Certificates are subject to the additional terms as set forth on the Gift Certificate. For example, Gift Certificates are valid for one year from the date of purchase.
Discount/Coupon Codes and Special Offers
Coupon codes have no cash value and are non-transferable. Special offers cannot be combined with any other sale or coupon offer. Certain exclusions may apply. Coupon Codes may be used for rental transactions only, not purchases. Offers not valid on previous purchases or Gift Card purchases. Coupon Codes are valid only at BagTropolis.com. BagTropolis reserves the right to change or end offers at its discretion.
Cancellation: Costs and Refunds
You may cancel Your account at any time by contacting customer service by phone
or email. You must return all rental products to avoid further rental fee charges.
Upon receipt of Your cancellation request, We will terminate Your account immediately,
provided that You have returned all outstanding rental products and paid for
all outstanding rental fees or any unreturned or damaged products. You will
be given 6 days from the date You request cancellation to return all outstanding
rental products or satisfy any payments for any unreturned or damaged products.
Failure to return such products will result in charges to Your credit card until
all rental products have been returned or purchased.
All purchases and rentals through the Site are final and non-refundable.
Privacy
BagTropolis respects your privacy and permits you to control the treatment of your personal information. BagTropolis may use your personal information to the extent necessary to process your order and/or engage in business maintenance. A complete statement of BagTropolis’ current Privacy Statement can be found at http://www.bagtropolis.com/privacy.html. The privacy statement is expressly incorporated into these Terms of Use by this reference. By submitting your order, you acknowledge receipt of our Privacy Statement and agree to its terms.
Submissions
The Site may allow you and other third parties to post reviews or comments
concerning the Service or the products on the Site. Any opinions, advice, statements,
services, offers, or other information that constitutes part of the content
expressed or made available by third parties on the Site are those of the respective
authors or producers and not of BagTropolis, or its shareholders, directors,
officers, or employees. BagTropolis may review and delete any content, in whole
or in part, that in the sole judgment of BagTropolis violates these Terms of
Use or which might be offensive, illegal, or that might violate the rights of
or harm any third parties. Nonetheless, under no circumstances will BagTropolis,
or its shareholders, directors, officers, directors, or employees be held liable
for any loss or damage caused by your reliance on information obtained through
the Site. It is your responsibility to evaluate the information, opinion, advice,
or other content available through the Service or the Site.
We are free to use any comments, information, ideas, concepts, reviews, or techniques
or any other material contained in any communication you may send to us (each,
a "Submission"), including, without limitation, responses to questionnaires
or through postings on message boards on the Site without further compensation,
acknowledgement or payment to you for any purpose whatsoever including, but
not limited to, developing, manufacturing and marketing products and creating,
modifying or improving the Site and the Service. Furthermore, by posting any
Submission on the Site, submitting information to us, or in responding to questionnaires,
you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable,
sublicenseable, worldwide license and right to display, use, perform, reproduce,
modify, distribute and create derivative works of the Submission or information
submitted in any media, software, or technology of any kind now existing or
developed in the future. By posting or providing a Submission or information,
you represent and warrant that public posting and use of your Submission or
information by BagTropolis will not infringe on or violate the rights of any
third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication,
and are not responsible for the similarity of any of our content to materials
or ideas transmitted to us. Should you send any unsolicited materials or ideas,
you do so with the understanding that no additional consideration of any sort
will be provided to you, and you are waiving any claim against us and our affiliates
regarding the use of such materials and ideas, even if material or an idea is
used that is substantially similar to the idea you sent.
Use Restrictions
You will not use the Site or Service to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.
Access Limits
Unless otherwise specified, the content on the Site is for your personal and non-commercial use; BagTropolis grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of BagTropolis. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
Service Tests
BagTropolis tests aspects of its Service and Site from time to time. BagTropolis reserves the right to include you in such tests without notice.
Customer Service
BagTropolis may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide customer service in connection with the Site, Products and Service. The Terms or Use governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by BagTropolis from time to time. Consult Our Contact page, presently at http://www.bagtropolis.com/contact.php, for the most up-to-date information relating to this support and any associated charges. Our mailing address: 9170 Blackbird Ave Ste 200, Fountain Valley, CA 92708
Actual Damages, Liquidated Damages, Attorneys' Fees and Costs, and Reservation of Rights
Actual Damages. In the case of a failure to pay any debts or to return any item(s) when due to BagTropolis (hereinafter, a "default"), you will be liable to BagTropolis for its ACTUAL DAMAGES, including but not limited to the then-current rental payment for each item until said item is received by BagTropolis in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then BagTropolis at its option may alternatively charge you a replacement value equal to the MSRP for the item, or similar item if original item no longer available, as maintained by BagTropolis for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. Limited Edition items may have a higher replacement fee than MSRP. If suit is filed, BagTropolis may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then BagTropolis will charge you the MSRP for the item, or similar item if original item no longer available, as maintained by BagTropolis for said item, plus 90 days rent from the date of default.
Liquidated Damages. BagTropolis spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that BagTropolis is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if BagTropolis commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $500 per-item charge for each item that remains unpaid and/or unreturned at the time that BagTropolis commences collection or legal action, which sum is intended to compensate for the expenditure of BagTropolis’ internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where BagTropolis has been unsuccessful in recovering its merchandise in an undamaged condition prior to the entry of a judgment against you, then BagTropolis’ LIQUIDATED DAMAGES will also include an additional 90-day rental charge to cover the period from day 91 through day 180 following your default. This second, 90-day rental period is intended to provide a reasonable estimate of BagTropolis’ additional lost rental income caused by your wrongful retention of BagTropolis’ property. It will be charged to you at the same rate as was actually charged for the first 90-day default rental period. You understand and agree that the LIQUIDATED DAMAGES of (i) $500 per item plus (ii) the second, 90-day rental period for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate BagTropolis for the loss of its internal resources and for the loss of its future rental income.
Attorneys' Fees and Costs. If BagTropolis commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES, you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that BagTropolis will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and its' LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.
Reservation of Rights. BagTropolis expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
Disclaimers of Warranties; Limitations on Liability
The Service (including the products provided under the Service or purchased
through the Site), and the Site and its contents, are provided "as is";
BagTropolis makes no representations or warranties of any kind with respect
to the Service, Gift Certificates, products provided with or sold or rented
by the Service, the Site, or any contents therein. BagTropolis assumes no liability
or responsibility for any errors or omissions in providing the Service or in
the content of the Site, any failures, delays, or interruptions in the shipment
of products, delivery of any content contained on the Site, any losses or damages
arising from the use of the content provided on the Site, goods or services
provided by BagTropolis, or any conduct by users of the Site. BagTropolis reserves
the right to refuse to ship products in its sole discretion. BAGTROPOLIS EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS,
AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT.
In addition, BagTropolis does not represent or warrant that the information
on or accessible via the Site or through the Service is complete or current.
BAGTROPOLIS AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS',
DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS
OF USE AND ANY OTHER TERMS OF USE (INCLUDING GIFT CERTIFICATE TERMS) IS LIMITED
TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. BAGTROPOLIS AND ITS AFFILIATES, SUPPLIERS,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS
WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING,
WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES)
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS
OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY
OF ANY SUCH DAMAGES. BAGTROPOLIS AND ITS AFFILIATES', SUPPLIERS', AND THEIR
RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL
LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE
PRODUCTS, GIFT CERTIFICATES, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT
OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO BAGTROPOLIS BY YOU UNDER THESE
TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION
OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE
THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED
IN THE PRICING OFFERED BY BAGTROPOLIS TO YOU AND IS AN ESSENTIAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE
AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN
THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the
foregoing limitations of liability, so they may not apply to you.
Indemnity
You agree to indemnify BagTropolis for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless BagTropolis, its affiliates, officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any Intellectual property or other right of any person or entity. BagTropolis will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. You must indemnify and defend BagTropolis against any claims or lawsuits, including attorneys’ fees that arise from or result from the use of the Site on a professional or commercial basis.
Intellectual Property
BAGTROPOLIS is a trademark of BagTropolis. All BagTropolis graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of BagTropolis. Any trademarks not owned by BagTropolis that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BagTropolis. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of BagTropolis, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Termination
You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources
that are beyond our control. We make no representations as to the quality, suitability,
functionality, or legality of any sites to which links may be provided, and
you hereby waive any claim you might have against us, with respect to such sites.
BagTropolis is not responsible for the content on the Internet or web pages
that are contained outside the site.
Your correspondence or business dealings with, or participation in promotions
of, advertisers or partners found on or through the Site, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser or partner. You agree that we are not responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers or partners on
the Site.
California Use Only
The Site is controlled and operated by BagTropolis from its’ offices in the State of California. Your use of or access to the Sites should not be construed as BagTropolis’ purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Governing Law, Jurisdiction, Venue and Arbitration
These Terms of Use are governed in all respects by the laws of the State of
California as such laws are applied to agreements entered into and to be performed
entirely within California between California residents. BY ACCEPTING THIS AGREEMENT
AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND
VENUE OF THE FEDERAL AND STATE COURTS IN ORANGE COUNTY, CALIFORNIA, FOR ANY
COURT ACTION OR PROCEEDING DEEMED NECESSARY BY BAGTROPOLIS TO COLLECT AMOUNTS
DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT BAGTROPOLIS FROM THEFT
OR FRAUD. AT BAGTROPOLIS’ SOLE OPTION, BAGTROPOLIS MAY ALSO COMMENCE ANY
COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS
PROPERTY, AND/OR TO PROTECT BAGTROPOLIS FROM THEFT OR FRAUD, IN THE FEDERAL
OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY
IS LOCATED.
Any other controversy or claim arising out of or relating to these Terms of
Use, the Service, the Products, or the Site shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Orange County, California,
and judgment on the arbitration award may be entered into any court having jurisdiction
thereof. The award of the arbitrator shall be final and binding upon the parties
without appeal or review except as permitted by California law. Notwithstanding
the foregoing, either party may seek any interim or preliminary injunctive relief
from any court of competent jurisdiction, as necessary to protect the party's
rights or property pending the completion of arbitration.
Copyrights
BagTropolis has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Product. All Content included on the Site, such as text, graphics, logos, button items, icons, images, data compilation, is the property of BagTropolis or its suppliers and is protected by United States and international copyright laws. All software used on this site is the property of BagTropolis or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent. BagTropolis has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of BagTropolis or of a third party, or otherwise violated any Intellectual property laws or regulations. BagTropolis' policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want BagTropolis to delete, edit, or disable the material in question, you must provide BagTropolis with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and Information reasonably sufficient to permit BagTropolis to locate the material; (d) information reasonably sufficient to permit BagTropolis to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, Its agent, or the law; and (f) a statement that the Information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that Is allegedly infringed. For this notification to be effective, you must provide it to BagTropolis’ designated agent at: (800) 586-1710.
Taxes
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes if required in your jurisdiction.
General
BagTropolis’ failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you agree to receive all communications from BagTropolis under this Agreement electronically via email, you agree to keep your current email address updated under Edit Profile on the Site at all times, and you agree that you will be deemed to have received any notice we send to that email address. These communications will include notices about your Account (e.g., order confirmations, shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. BagTropolis is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
Entire Agreement
These Terms of Use, the Privacy Statement, and other policies BagTropolis may post constitute the entire agreement between BagTropolis and You in connection with Your use of the Site, the Products, and the Content, and supersede any prior versions of the Terms of Use, if applicable. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Site, the Products, or the Content, or otherwise, these Terms of Use will control. The section headings are for convenience only and do not have any force or effect.
Modifications
You agree to abide by these Terms of Use, as they may be amended by BagTropolis from time to time in its sole discretion. BagTropolis may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Products and/or the Content; and (c) discontinue the Site and/or Products and/or Service at any time. BagTropolis shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. Customers should check the Site regularly for updates to these Terms of Use. Each time you order, access or use any of the Product, Sites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Terms of Use. The Terms of Use are effective until terminated by BagTropolis. In the event of termination, the Intellectual Property, Indemnity, and Limitations of Liability provisions set forth in these Terms of Use will survive.
Effective May 12, 2012