Terms and Conditions of Use - Bagley Bait Company, LLC

Welcome to www.bagleybait.com. Bagley Bait Company, LLC (“Bagley”) provides this Site for use by you (as permitted below) conditioned on your acceptance of Bagley’s terms and conditions set forth in these Terms & Conditions of Use (“Terms of Use”). Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

Bagley reserves the right, in its sole discretion, to change these Terms of Use at any time. Therefore, we recommend that you read these terms carefully each time you access or use the Site.

Bagley strives to provide correct product and consumer care information, but we cannot guarantee the completeness or accuracy of this information on our site including without limitation: documents, videos, guides, search results, FAQ’s, manuals, product comparison information, etc.

Areas of the Site, including without limitation various pages, applications, or programs contained within or otherwise related to the Site, may have different terms of use beyond these Terms of Use. If there is a conflict between these Terms of Use and the terms of use or disclaimer posted for a specific area of the Site, the terms of use or disclaimer posted for that specific area of the Site shall prevail with respect to your use of that area of the Site.

PERMITTED USE OF THE SITE

You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any significant portion of the content and not for republication or other distribution. You may use such downloads/print copies only for your own personal, non-commercial use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Site must be in accordance with all applicable laws. You do not acquire any ownership rights in the Site or any portions of its content, nor any license to the Site or any portions of its content.

RESTRICTIONS ON ACCESS TO AND USE OF THE SITE

Bagley does not allow unauthorized access (hacking) into the Site. The use of deep-links, page scrapes, web crawlers, spiders, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same or similar things, in connection with the Site is prohibited.

In your use of the Site, you shall not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law.

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site. You may not access portions of the Site that you are not given linked access by Bagleybait.com such as, without limitation, through brute force attempts or to locate content through manipulation of the URL or subdomains.

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this site will be correct, current, and complete. If Bagley believes the information you provide is not correct, current, or complete, Bagley has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Bagley reserves all rights in the Site and its contents not granted to you. Without limiting the foregoing, except as permitted in these Terms of Use, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Site or the content of the Site (in whole or in part) for any purpose. Your use of the Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.

COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS

The entire content of the Site including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to Bagley. All trademarks, service marks and trade names are owned or licensed by Bagley.

LINKED SITES

This Site may contain links to other Sites on the Internet that are operated by third parties, including our business partners. (“Linked Sites”). Bagley is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by Bagley of the content of the Linked Site, nor any association with its operators. The links to these Linked Sites are for your convenience only, and you access them at your own risk. Linked Sites are likely to have their own Terms of Use and Privacy Policy, and you are responsible for reading them to ensure your own compliance. Bagley shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

Bagley has no control over third parties or any links they provide to the Site. If a third party links to the Site, such linking does not imply any sponsorship or endorsement of the linking web site by Bagley, or by any group or individual affiliated with Bagley. No web sites that link to the Site may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations, nor may they frame, modify, or otherwise incorporate the content or other materials on the Site or incorporate materials not displayed by Bagley in conjunction with the Site.

CUSTOMER PARTNER LINKED SITES

Bagley from time to time may provide information, products and/or links to specific customer partners on the Site. Each of our business partners may have warranty information, privacy policies or terms of use. Please make sure you review any warranty information, privacy policies or terms of use which are presented by our business partners. You are responsible for reading any policies or terms of use presented by our business partners to ensure your own compliance. Bagley shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with any information, products and/or links to specific manufacturers on the Site.

UNSOLICITED INFORMATION

Please note that any unsolicited personal, confidential or proprietary information or material sent to Bagley through the Site, by e-mail or other means, will be deemed NOT to be confidential. By sending Bagley any such information or material, you grant Bagley an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information subject to Bagley’s Privacy Policy. Bagley does not accept new product ideas or product modifications. Bagley employs a team of engineers and researchers, around the world, for the purpose of continuous development and improvement of products. Any ideas submitted from an outside source may have already been developed or be under development by Bagley. Consequently, to avoid possible confusion or misunderstanding as to the origin of an idea, it is our policy to not accept product idea submissions at all. Any product idea submissions will not be reviewed by any person at Bagley who is qualified to evaluate them.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY BAGLEY ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAGLEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BAGLEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BAGLEY DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.

BAGLEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY SITE LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BAGLEY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

ON THE SITE, WE MAY DISPLAY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS OR SERVICES OF THIRD PARTIES, POP-UP TEXTS OR LINKS TO THIRD PARTY SITES. IN NO EVENT WILL BAGLEY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIAL RELATED TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

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

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Bagley does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

INDEMNIFICATION

You agree to indemnify Bagley and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including without limitation reasonable attorney fees that arise from your misuse of the Site, including, but not limited to, your violation of these Terms of Use.

SECURITY

Any passwords used for this Site are for individual use only. You will be responsible for the confidentiality and security of your password. If you forget your password, you may contact Bagley at info@bagleybaitco.com for password assistance and to obtain a new password. Bagley does not monitor your password.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bagley reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Bagley reserves the right to investigate suspected violations of these Terms of Use.

Bagley reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bagley to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BAGLEY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BAGLEY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BAGLEY OR LAW ENFORCEMENT AUTHORITIES.

USE OUTSIDE THE UNITED STATES

This Site is controlled, operated, and administered by Bagley from its offices within the State of Minnesota, United States of America. Bagley makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

APPLICABLE LAW

These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws, except that the federal law of the United States of America shall apply to questions regarding the validity, infringement or enforceability of United States federal patent, copyright and trademark rights relating in any way to these Terms of Use or the Site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Hennepin County in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

COPYRIGHT COMPLAINTS

Just as Bagley requires users to respect its copyrights and other intellectual property rights, and those of its affiliates and partners, Bagley respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization or in a way that constitutes copyright infringement, please contact us at info@bagleybaitco.com.

MISCELLANEOUS

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bagley as a result of this agreement or use of the Site.

These Terms of Use, along with the Privacy Policy and Terms and Conditions of Sale, constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Bagley 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.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

ENFORCEMENT

Bagley reserves the right, in its sole discretion, to determine whether any action you take violates these Terms of Use. Bagley shall have the right, but not the obligation, to monitor your actions with respect to the Site to determine compliance with these Terms of Use. Without limiting any other rights or remedies of Bagley hereunder, at law or in equity, Bagley may suspend or terminate your access to the Site if there is any violation or threatened violation of any of these Terms of Use by you.

QUESTIONS

If you have any questions regarding these Terms of Use, please contact us.