Terms Of Use

Terms and Conditions
 
Agreement between User and baybargin.com
Welcome to baybargin.com. The baybargin.com website (the "Site") is comprised of various web 
pages operated by Bay Bargin ("bb"). baybargin.com is offered to you conditioned on your 
acceptance without modification of the terms, conditions, and notices contained herein (the 
"Terms"). Your use of baybargin.com constitutes your agreement to all such Terms. Please read 
these terms carefully, and keep a copy of them for your reference. 
 
baybargin.com is an E-Commerce Site. 
 
selling home and goods.
Privacy
Your use of baybargin.com is subject to bb's Privacy Policy. Please review our Privacy Policy, 
which also governs the Site and informs users of our data collection practices. 
 
Electronic Communications
Visiting baybargin.com or sending emails to bb 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. 
 
Your Account
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 bb is not responsible for third 
party access to your account that results from theft or misappropriation of your account. bb 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
bb 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 baybargin.com only with permission of a parent 
or guardian. 
 
Cancellation/Refund Policy
14 day return policy; customer is resposible for return labels. Mis packaged and damaged items 
avaible for review to be returned or refunded minus shipping cost 
 
Links to Third Party Sites/Third Party Services
baybargin.com may contain links to other websites ("Linked Sites"). The Linked Sites are not 
under the control of bb and bb 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. 
bb is providing these links to you only as a convenience, and the inclusion of any link does not 
imply endorsement by bb of the site or any association with its operators. 
 
Certain services made available via baybargin.com are delivered by third party sites and 
organizations. By using any product, service or functionality originating from the baybargin.com 
domain, you hereby acknowledge and consent that bb may share such information and data with 
any third party with whom bb has a contractual relationship to provide the requested product, 
service or functionality on behalf of baybargin.com users and customers. 
 
No Unlawful or Prohibited Use/Intellectual Property 
You are granted a non-exclusive, non-transferable, revocable license to access and use 
baybargin.com strictly in accordance with these terms of use. As a condition of your use of the 
Site, you warrant to bb that you will not use the Site for any purpose that is unlawful or prohibited 
by these Terms. You may not use the Site in any manner which could damage, disable, 
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. 
You may not obtain or attempt to obtain any materials or information through any means not 
intentionally made available or provided for through the Site. 
 
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 bb 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. 
bb 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 bb 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 bb or our 
licensors except as expressly authorized by these Terms. 
 
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, 
personal web pages, calendars, and/or other message or communication facilities designed to 
enable you to communicate with the public at large or with a group (collectively, "Communication 
Services"). You agree to use the Communication Services only to post, send and receive messages 
and material that are proper and related to the particular Communication Service. 
 
By way of example, and not as a limitation, you agree that when using a Communication Service, 
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as 
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any 
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material 
or information; upload files that contain software or other material protected by intellectual 
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or 
have received all necessary consents; upload files that contain viruses, corrupted files, or any other 
similar software or programs that may damage the operation of another's computer; advertise or 
offer to sell or buy any goods or services for any business purpose, unless such Communication 
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes 
or chain letters; download any file posted by another user of a Communication Service that you 
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete 
any author attributions, legal or other proper notices or proprietary designations or labels of the 
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit 
any other user from using and enjoying the Communication Services; violate any code of conduct 
or other guidelines which may be applicable for any particular Communication Service; harvest or 
otherwise collect information about others, including e-mail addresses, without their consent; 
violate any applicable laws or regulations. 
 
bb has no obligation to monitor the Communication Services. However, bb reserves the right to 
review materials posted to a Communication Service and to remove any materials in its sole 
discretion. bb reserves the right to terminate your access to any or all of the Communication 
Services at any time without notice for any reason whatsoever. 
 
bb reserves the right at all times to disclose any information as necessary to satisfy any applicable 
law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any 
information or materials, in whole or in part, in bb's sole discretion. 
 
Always use caution when giving out any personally identifying information about yourself or your 
children in any Communication Service. bb does not control or endorse the content, messages or 
information found in any Communication Service and, therefore, bb specifically disclaims any 
liability with regard to the Communication Services and any actions resulting from your 
participation in any Communication Service. Managers and hosts are not authorized bb 
spokespersons, and their views do not necessarily reflect those of bb. 
 
Materials uploaded to a Communication Service may be subject to posted limitations on usage, 
reproduction and/or dissemination. You are responsible for adhering to such limitations if you 
upload the materials. 
 
Materials Provided to baybargin.com or Posted on Any bb Web Page
bb does not claim ownership of the materials you provide to baybargin.com (including feedback 
and suggestions) or post, upload, input or submit to any bb Site or our associated services 
(collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting 
your Submission you are granting bb, our affiliated companies and necessary sublicensees 
permission to use your Submission in connection with the operation of their Internet businesses 
including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly 
perform, reproduce, edit, translate and reformat your Submission; and to publish your name in 
connection with your Submission. 
 
No compensation will be paid with respect to the use of your Submission, as provided herein. bb 
is under no obligation to post or use any Submission you may provide and may remove any 
Submission at any time in bb's sole discretion. 
 
By posting, uploading, inputting, providing or submitting your Submission you warrant and 
represent that you own or otherwise control all of the rights to your Submission as described in this 
section including, without limitation, all the rights necessary for you to provide, post, upload, input 
or submit the Submissions. 
 
Third Party Accounts
You will be able to connect your bb account to third party accounts. By connecting your bb 
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. 
 
International Users
The Service is controlled, operated and administered by bb 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 bb Content accessed through baybargin.com in 
any country or in any manner prohibited by any applicable laws, restrictions or regulations. 
 
Indemnification
You agree to indemnify, defend and hold harmless bb, 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. bb 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 bb in asserting any available 
defenses. 
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or 
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or 
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved 
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single 
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration 
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's 
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the 
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these 
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable 
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and 
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or 
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree 
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The 
entire dispute, including the scope and enforceability of this arbitration provision shall be 
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms 
and Conditions. 
 
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class 
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE 
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S 
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY 
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH 
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE 
OTHER. Further, unless both you and bb agree otherwise, the arbitrator may not consolidate 
more than one person's claims, and may not otherwise preside over any form of a representative 
or class proceeding. 
 
Liability Disclaimer
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. BAY BARGIN AND/OR ITS SUPPLIERS MAY MAKE 
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 
 
BAY BARGIN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE 
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF 
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED 
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM 
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, 
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS 
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BAY BARGIN AND/OR 
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH 
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND 
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND 
NON-INFRINGEMENT. 
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT 
SHALL BAY BARGIN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, 
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR 
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES 
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY 
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY 
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR 
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, 
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, 
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON 
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 
BAY BARGIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE 
POSSIBILITY OF DAMAGES. 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. 
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF 
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO 
DISCONTINUE USING THE SITE. 
 
Termination/Access Restriction 
bb 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 Michigan and you hereby consent to 
the exclusive jurisdiction and venue of courts in Michigan 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 bb as a result of this agreement or use of the Site. bb's performance of this agreement is 
subject to existing laws and legal process, and nothing contained in this agreement is in derogation 
of bb'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 bb 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 bb with respect to the Site and it supersedes all prior or contemporaneous communications 
and proposals, whether electronic, oral or written, between the user and bb 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. 
 
Changes to Terms
bb reserves the right, in its sole discretion, to change the Terms under which baybargin.com is 
offered. The most current version of the Terms will supersede all previous versions. bb encourages 
you to periodically review the Terms to stay informed of our updates. 
 
Contact Us
bb welcomes your questions or comments regarding the Terms: 
 
Bay Bargin 
_________________ 
Menominee, Michigan 49858 
 
 
Email Address: 
baybargin@gmail.com 
 
Telephone number: 
9062904633 
 
Effective as of July 17, 2023