Policies | Terms of Use
Terms of Use
Revised 6/2020
Site Ownership
The Terms and Conditions of Use, referred to herein as 'Terms of
Use', applies to the website of The Baza-miyat Company, referred
to herein as the 'Company', located at https://www.bazamiyat.com
and any other websites owned, operated, or controlled by the
Company, collectively, referred to herein as the 'Site'.
By using the Site, you agree to these Terms of Use, if you do
not, please do not use the Site.
Site Content
Material from the Site, including: all text, graphics,
photographs, artworks, user interfaces, trademarks, logos and
computer code, collectively referred to as 'Content', including
but not limited to: the design; structure; expression;
look-and-feel and arrangement of such Content contained on the
Site is owned, controlled or licensed by or to the Company, and
is thus, protected by copyright, trade dress, trademark laws,
and various other intellectual property rights, and the laws of
unfair competition.
Further, no part of the Site and no Content of the Site may be
copied or distributed, published, uploaded, posted or
transmitted, whether in whole or in part, through any present
or future form of media, without the expressed and written
permission of an authorized representative of the Company.
Educational and Personal, Non-Commercial Home Use
In addition, to the terms and conditions stated within this
section of the Terms of Use, the Company grants you permission
to use, any blogs, white papers, and press releases, collectively
referred to as 'Documents', for, and only for educational or personal,
non-commercial home use provided that:
- The copyright notice below, or as otherwise provided for in
such Documents, appears in any and all copies of the
Documents;
Copyright © 2023 The Baza-miyat Company, Inc. All Rights Reserved.
- No modifications are made to any of the Documents; and
- For academic institutions, such as K-12, universities, private colleges, public colleges, or community colleges, only physical, hard copies, of the Documents may be distributed within the classroom, whether the classroom environment is taught in a physical environment, virtual environment or both. Any electronic, soft copies, that are to be made available for distribution within the classroom, whether the classroom is taught in a physical environment, virtual environment or both, requires the expressed and written permission of an authorized representative of the Company.
Site Use
You may not use any program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy
or monitor any portion of the Site. You may only access the Site
through the interface provided to you by the Company, unless you
have been given special access permissions in a separate written
agreement by an authorized representative of the Company.
Furthermore, you may not attempt to gain unauthorized access to
any portion, feature or process of the Site and you may not test
or scan the Site for vulnerabilities or attempt to breach the
security or authentication measures implemented on the Site. You
also acknowledge and agree that you may not use the Site or any
Content, whether in whole or in part, for any or all purposes
that is unlawful or prohibited by these Terms of Use, or solicit
the performance of any illegal activity, which infringes upon
the rights of the Company.
Account, Password and Security
There may be certain services, products, features or processes
offered on, under or through the Site which may require you to
open an account. During the account registration process, please
ensure the information you submit is current, complete and
accurate. You are entirely responsible for maintaining the
confidentiality of both your account and password, in addition
to, any and all activities that occur through, under or on your
account. You may not use anyone else's account or password at
any time without the expressed permission and consent of the
holder of that account and password. In the event you suspect
that your account may have been accessed by an unauthorized
user, you agree to notify the Company immediately. The Company
will not be held liable for any loss that you may incur as a
result of someone else using your password or account, whether
that is with or without your expressed permission and consent.
Furthermore, you may be held liable for losses incurred by the
Company or another party due to someone else using your account
or password.
Privacy
The Privacy Policy, referred to herein as the 'Privacy Policy',
applies to the use of this Site, and as such, the terms and
conditions of the Privacy Policy are made a part of this Terms
of Use by this reference.
User Feedback and Comments
Service and product feedback, including comments posted to our blog,
collectively referred to herein as 'User Contributed Content', is
subject to the terms and conditions of our Comments Policy, wherein
our Comments Policy applies to the use of this Site, and as such, the
terms and conditions of the Comments Policy are made a part of this
Terms of Use by this reference.
User Submitted Content
You acknowledge and understand that any and all User Contributed Content
or other communications you transmit in any manner and for any reason
through, under or on the Site or to the Company, collectively referred
to as 'Submissions', will not be treated as confidential or proprietary.
Furthermore, you acknowledge and grant the Company a non-exclusive,
royalty-free, perpetual, irrevocable and fully sub-licensable right
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display your Submissions throughout the world
in any, present or future form of media. Additionally, you represent
and warrant that you own or otherwise control all of the rights to the
Submissions you submit on the Site or to the Company and that use of
your Submissions by the Company will not infringe upon or violate the
rights of any third-party.
Third-Party Links
This Site may contain links to third-party websites, referred to
herein as 'Linked Sites', which are provided to you solely as a
convenience. Further, Linked Sites do not fall under the control
of the Company, and the Company is not responsible for, and does
not endorse the content furnished by the Linked Sites.
Changes to Terms of Use
Please refer to the Terms of Use regularly, as the Company
reserves the right, at any time, to: modify; amend; alter; or
update the Terms of Use without prior notice. Therefore, your
continued use of the Site, following the posting of changes to
this Terms of Use signifies that you agree to be bound by such
modifications, amendments, alterations, or updates.
Indemnification
You agree to indemnify and hold the Company, its directors,
officers, employees, agents or brokers, predecessors and
affiliates, harmless from any claims, damages or expenses,
including attorneys' fees, resulting from your violation or
violations of the Terms of Use.
Jurisdiction
By visiting the Site, you acknowledge and agree that the laws of
the Commonwealth of Pennsylvania, without regard to principles
of conflict of laws, will govern the Terms of Use and any
dispute that might arise between you and the Company. You
further acknowledge and agree that any dispute arising from the
Terms of Use or related thereto shall be subject to the
jurisdiction of said Courts located in the Commonwealth of
Pennsylvania.
Dispute Resolution
In the event a dispute arises between you and the Company, you
agree that any and all disputes arising hereunder, shall be
settled by arbitration, with the rules of the American
Arbitration Association governing such dispute, and that the
venue of arbitration shall be held at a mutually agreed upon
location within the Commonwealth of Pennsylvania.
Prior to arbitration, both you and the Company shall mutually
agree upon the arbitrator who shall preside over such dispute
with the requirements, as set forth herein; only one arbitrator
may be elected by both you and the Company to preside over such
dispute, and that the elected arbitrator shall have no vested
interest, whether past or present, in whole or in part, direct
or indirect, in such dispute between both you and the Company,
nor shall the elected arbitrator, through the course of
arbitration of such dispute, whether in whole or in part, direct
or indirect, develop a vested interest in such dispute, nor
shall the elected arbitrator through the course of arbitration
of such dispute, whether in whole or in part, direct or
indirect, develop a vested interest in you or the Company, as to
influence, whether in whole or in part, direct or indirect, the
arbitration proceedings of such dispute or the final judgment
passed by the elected arbitrator of such dispute between you and
the Company. You agree that upon the passing of final judgment
by the elected arbitrator of such dispute between you and the
Company, that the arbitrator's final judgment shall be binding
on both you and the Company and that no further relief may be
sought with regards to such dispute, as brought forth by either
you or the Company.
Disclaimer
The Company does not promise that the Site or any Content,
service, product, feature or process of the Site will be
error-free or uninterrupted. Further, the Company may make
changes or improvements at any time to correct technical
inaccuracies or typographical errors on the Site.
THE SITE AND ITS CONTENT AND INFORMATION ARE DELIEVERED AND
PROVIDED TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL
CONTENT AND INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE CONTENT, OR INFORMATION INCLUDED ON THE SITE.
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF ACCURACY, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE COMPANY CANNOT
ENSURE THAT ANY FILES OR OTHER DATA VIEWED OR DOWNLOADED FROM
THE SITE, OR THE SERVER UPON WHICH THE SITE IS MADE AVAILABLE TO
YOU BY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE THE
CONTENT AND INFORMATION MADE AVAILABLE ON THE SITE AT YOUR OWN
DISCRETION AND RISK AND THAT THE COMPANY WILL HAVE NO LIABILITY
TO YOU OR ANY OTHER PERSON INFLUENCED BY YOUR ACTION OR ACTIONS
FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR THE
COMPUTER OR SYSTEM OF ANY OTHER PERSON INFLUENCED BY YOUR ACTION
OR ACTIONS. NOR SHALL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGES
WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT
CAUSED BY EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY,
INCLUDING BUT NOT LIMITED TO: ACTS OF GOD; COMMUNICATION LINE
FAILURE; THEFT; DESTRUCTION; OR UNAUTHORIZED ACCESS TO THE
SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY
BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES THAT RESULT FROM
THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event the Company, not withstanding the other provisions
of these Terms of Use, is found to be liable to you for any
damages or losses which arises out of or is in any way connected
with your use of the Site or any Content, liability of the
Company shall in no event exceed the greater of: 1) the total
amount paid by you, if any, for accessing the Site, but not
including the purchase price for any service or services,
product or products, purchased by you from the Site, or
2) $100.00.
A few jurisdictions within the United States of America may not
allow for limitations of liability, in such circumstances the
foregoing limitation may not apply to you.
Severability
If any provision of these Terms of Use shall be unlawful, void,
or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms of Use constitute the entire agreement between you
and the Company with regards to your use of the Site, and
supersede any prior written or oral agreements made between you
and the Company with respect to the Site.
Document History
Date
Changes
6/2020
- Improved visual design
- Document History section added
- Class of Services or Goods section removed
- Class of Services or Goods: Other section removed
- Service, Product and Blog Related Feedback section amended to User Feedback and Comments
- Minor grammatical changes