Terms & Conditions
Terms and Conditions
Agreement between User and http://www.bagzazz.com
Welcome to http://www.bagzazz.com. The http://www.bagzazz.com website (the "Site") is comprised of various web pages operated by Bagzazz.com ("Bagzazz"). http://www.bagzazz.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.bagzazz.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
http://www.bagzazz.com is an E-Commerce Site.
Bagzazz.com is a website designed for customers to buy products either manufactured by Bagzazz.com or its affiliate vendors. Products include duffel bags, tote bags, backpacks, fanny packs, drawstring bags, luggage, and other bag products.
On-line ordering of services and goods
Bagzazz.com may from time to time offer you the opportunity to purchase certain services and products through the Site. Such purchases are subject to certain terms and conditions, which appear when you elect to purchase such goods and services, in addition to those set forth otherwise in these terms and conditions. Bagzazz.com will not ship products or provide services to those located outside of the Territory, in jurisdictions that do not permit the application of these terms and conditions or to locations in which the shipment or provision of such products or services would be prohibited.
This Site is for the use of individuals located in the United States (the "Territory"). We are sorry, but orders or requests for information or services from outside this Territory will not be filled.
Visiting http://www.bagzazz.com or sending emails to Bagzazz 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 the Site, satisfy any legal requirement that such communications be in writing.
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 may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bagzazz is not responsible for third party access to your account that results from theft or misappropriation of your account. Bagzazz and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Bagzazz does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.bagzazz.com only with permission of a parent or guardian.
You may cancel your subscription at any time by contacting us firstname.lastname@example.org. You may cancel or request a refund up to 15 days after you have received the product. Returns will only be accepted if: there is a manufacture defect, buyer receives the wrong product, or the product is not as advertised on the website; www.Bagzazz.com. Bagzazz reserves the right to accept or deny any return outside these conditions. If a return is accepted outside of the said parameters, the buyer involved will be responsible for all shipping charges associated with the return.
Links to Third Party Sites/Third Party Services
http://www.bagzazz.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bagzazz and Bagzazz 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. Bagzazz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bagzazz of the site or any association with its operators.
Certain services made available via http://www.bagzazz.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the
http://www.bagzazz.com domain, you hereby acknowledge and consent that Bagzazz may share such information and data with any third party with whom Bagzazz has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.bagzazz.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
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 the Site, is the property of Bagzazz 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 the Site. Bagzazz content is not for resale. Your use of the Site 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 Bagzazz 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 Bagzazz or our licensors except as expressly authorized by these Terms
Your representations and warranties
To the fullest extent permissible by applicable law, you represent, warrant and covenant that: you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which
restrict or inhibit any other user from using the Site, are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right, contain a virus or other harmful component, contain advertising of any kind, are false regarding you, or constitute or contain false or misleading indications of origin or statements of fact; all information you provide about yourself shall be true and accurate; you are at least 18 years old (or are using this Site with the permission of your parents); you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms; when using this Site you will be located within the Territory; and you assume full responsibility for use of the Site
Third Party Accounts
You will be able to connect your Bagzazz account to third party accounts. By connecting your Bagzazz account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Bagzazz.com is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites to the fullest extent permissible by applicable law. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. To the fullest extent permissible by applicable law, Bagzazz.com reserves the right to de-link from any and all third-party sites at any time. Third parties wishing to link to this Site should do so only to the Site’s home page. No use of Bagzazz.com’s trademark may be made in connection with such link without Bagzazz.com’s approval and, to the fullest extent permissible by applicable law, Bagzazz.com reserves the right to bar such link at any time.
The Service is controlled, operated and administered by Bagzazz 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 Bagzazz. Content accessed through http://www.bagzazz.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Bagzazz, 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 the Site 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.
Bagzazz 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 Bagzazz in asserting any available defenses.
CLAIM RESOLUTION, ARBITRATION AGREEMENT, CLASS ACTION WAIVER.
This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in certain discovery, the right to certain remedies and forms of relief, and the right to court review of any award—that may not be available in arbitration to the fullest extent permissible by applicable law. To the fullest extent permitted by applicable law, any dispute or claim arising out of or relating in any way to these terms and conditions, your visit to the Site, products purchased through the Site, or to any purchase, return or other transaction with Bagzazz.com or its affiliates or vendors (including but not limited to claims relating to in-store purchases, Bagzazz.com’s advertisements and disclosures, email and mobile SMS messages sent by Bagzazz.com and Bagzazz.com’s collection or use of your information) (each, a “Claim”) shall be resolved through binding arbitration rather than in court, regardless of when the Claim arises or arose. The Federal Arbitration Act and federal arbitration law apply to these terms and conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms and conditions as a court would. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. In lieu of arbitration, either you or
Bagzazz.com may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.
Initiating Arbitration. Any party who intends to seek arbitration must first provide to the other party a written notice of the Claim (“Notice”), describing the facts and circumstances of the Claim and the specific relief sought, and including any supporting documentation. The Notice must be mailed via certified or registered mail to: Bagzazz.com, 9237 Alberene Dr, Houston, TX 77074; or to you at your last-used billing address or the billing and/or shipping address in your online profile. If we are unable to reach an agreement to resolve the claim within 45 days after the Notice is received, either party may commence arbitration.
Procedures. Any arbitration under these terms and conditions shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Commercial Arbitration Rules and Mediation Procedures. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location.
Class action waiver. To the fullest extent permitted by applicable law, you and Bagzazz.com agree that any Claim resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-
CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. To the fullest extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative.
If any portion of this section is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in federal court rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in state court in Harris county, Texas.
This section will survive after the terms and conditions terminate or your use of the Site ends. Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or be barred forever, or to the fullest extent permissible by applicable law. Notwithstanding the other provisions in this section, if Bagzazz.com has a reasonable basis to believe that you have in any manner violated or threatened to violate any of Bagzazz.com’s intellectual property rights, Bagzazz.com may bring suit in any state or federal court in the State of Texas, rather than through arbitration. You agree that you will submit to the jurisdiction of the state and federal courts in the State of Texas.
The information and other material published on this Site may be incomplete and may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. To the maximum extent permissible under applicable law, Bagzazz.com reserves the right to change the Site. Bagzazz.com does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. To the fullest extent permissible by applicable law, Bagzazz.com and its subsidiaries and affiliates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
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. BAGZAZZ.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, AND TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, BAGZAZZ.COM MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE,
MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS
SITE FOR ANY PURPOSE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALL
SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE
PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT
WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON- INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BAGZAZZ.COM SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR
INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE OR
THROUGH HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, EVEN IF
BAGZAZZ.COM AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT
FROM BAGZAZZ.COM’S NEGLIGENCE OR GROSS NEGLIGENCE. 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. IN SUCH STATES, BAGZAZZ.COM’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BAGZAZZ.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR
RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT
ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION
SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, BAGZAZZ.COM RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF
THE SITE. BAGZAZZ.COM DOES NOT AND CANNOT REVIEW ALL MATERIALS, IF
ANY, POSTED TO THE SITE BY USERS, AND BAGZAZZ.COM IS NOT RESPONSIBLE
FOR ANY SUCH MATERIALS POSTED BY USERS. TO THE MAXIMUM EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, BAGZAZZ.COM RESERVES THE RIGHT
AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO
POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN
PART, THAT IN BAGZAZZ.COM’S SOLE DISCRETION ARE OBJECTIONABLE OR IN
VIOLATION OF THIS AGREEMENT. ADDITIONAL DISCLAIMERS APPEAR WITHIN
THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO
THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON
YOUR USE OF THIS SITE OR THE MATERIAL THEREIN, SUCH GREATER
RESTRICTIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER
APPLICABLE LAW. NEITHER BAGZAZZ.COM NOR ANY OF ITS AFFILIATES
WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS
SITE MAY BE OUT OF DATE, AND NEITHER BAGZAZZ.COM NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR VOLUNTARILY ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
Orders, Prohibition on Reselling and Price.
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. To the fullest extent permissible by applicable law, we reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the Territory. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Bagzazz reserves the right, in its sole discretion, to terminate your access to the Site 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 the Site. Use of the Site 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 Bagzazz as a result of this agreement or use of the Site. Bagzazz's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bagzazz's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bagzazz 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 Bagzazz with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bagzazz with respect to the Site. 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.
To the fullest extent permissible by applicable law, Bagzazz.com may at any time, without prior notice and at its sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you.
Your remedy. You may terminate this Agreement at any time by ceasing to use the Site. To the fullest extent permissible by applicable law, your sole remedy against Bagzazz.com in the event of dispute arising out of this Agreement, the Site, or your use thereof, is to cease using the Site and terminate this Agreement.
Your Data. In the event of termination of this Agreement, Bagzazz.com may delete and/or store in its discretion, data associated with your use of the Site.
Changes to Terms
Bagzazz reserves the right, in its sole discretion, to change the Terms under which http://www.Bagzazz.com is offered. The most current version of the Terms will supersede all previous versions. Bagzazz encourages you to periodically review the Terms to stay informed of our updates.
Questions, Complaints, Comments or Service Contact.
Technical Questions. If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: email@example.com.
Concerns about possible infringement or inappropriate conduct or content on the Site. If you believe that certain software, information or other content on the Site violates your rights or the rights of others, or if you believe that another user is violating the terms of this Agreement, please feel free to contact us at firstname.lastname@example.org or 281-606-1244. We do not commit to following up or resolving your concerns but may do so in our discretion.
If you believe that material on the Site infringes your copyright, please contact Bagzazz.com’s Copyright Agent below with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. To contact Bagzazz.com’s Copyright Agent please email: info@Bagzazz.com.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to: email@example.com You may also contact us by writing to Customer Service at 9237 Alberene Dr., Houston, TX 77074, or by calling us at 1-281-606-1244. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Agreement contains the entire agreement between you and Bagzazz.com with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bagzazz.com with respect to this Site.
Bagzazz welcomes your questions or comments regarding the Terms:
Bagzazz.com 9237 Alberene Dr.
Houston, Texas 77074
Email Address: firstname.lastname@example.org
Effective as of January 28, 2021