Terms of Use
By visiting or using this site, you agree to the following terms and conditions of use (“Terms of Use”). The Terms of Use is a legally binding agreement between you and The Bacana Plan (“Bacana”) in connection with your use of the Bacana website located at www.thebacanaplan.com (“Website”). You acknowledge that you have read and agree with the Terms of Use.
I. MODIFICATION
The Terms of Use may be modified at any time by Bacana at its sole discretion upon posting of the modified terms. Any such modifications shall be effective immediately. Each use by you shall constitute acceptance of the Terms of Use.
II. PRIVACY
Your visit to Website is also governed by our Privacy Policy. Please review our Privacy Policy available here. Bacana reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
III. CONTENT OWNERSHIP
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Bacana, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Bacana Plan name and design are trademarks or registered trademarks and/or trade dress of Bacana in the U.S. and/or other countries and may not be used in connection with any non-Bacana product or service in any manner likely to cause confusion among customers or in any manner that implies sponsorship or endorsement by Bacana or disparages or discredits Bacana. Other product and company names mentioned on the Website may be trademarks of their respective owners.
Any copying, redistribution, use, or publication by you of any such Content or any part of the Website should respect the intellectual property rights of third parties and provide appropriate credit and/or linking back to The Bacana Plan site as the source.
IV. SITE USE AND ACCESS
You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge. It is your responsibility to maintain the confidential nature of your user account and password. You agree to accept all responsibility for any activities that take place within your account.
Bacana grants you a limited, revocable, nonexclusive license to use this site for your own personal use. You agree not to use materials, products or services in violation of any law, including any downloading or copying of account information for the benefit of another merchant or any use of data mining, deep-links, spiders, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bacana without express written consent. Any use of meta tags or other “hidden text” utilizing Bacana’s name or trademarks without our express written consent is prohibited. Bacana may terminate the license or permission granted herein in connection with any unauthorized use. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the website, or with any other person’s use of thereof. The use of this website is at the sole discretion of Bacana, and Bacana may terminate your use of this website at any time, with or without notice, for any reason.
V. COMMENTS, REVIEWS, COMMUNICATIONS, AND/OR OTHER UPLOADS
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy, or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively “Communications”) to the Website, you hereby grant to Bacana a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, in all media now known or hereafter developed. The license includes a right for Bacana to make such content available to other companies, organizations, or individuals with whom Bacana has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. You hereby waive all rights to any claim against Bacana for any alleged or actual infringements of any proprietary rights, rights of privacy, and publicity, moral rights, and rights of attribution in connection with such Communications. You represent and warrant that you own or otherwise control all of the rights to the Communications that you post; that the Communications are accurate; and that use of the Communications you supply does not violate these Terms of Use and will not cause injury to any person or entity. Bacana has the right but not the obligation to monitor and edit or remove any activity or Communications. Bacana takes no responsibility and assumes no liability for any Communications posted by you or any third party.
Unless consented otherwise, by visiting the website or emailing us you consent to receive communications from us electronically. We may communicate with you via email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
VI. INDEMNIFICATION
You agree to indemnify, defend, and hold Bacana, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Website, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Bacana reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Bacana.
VII. LINKS TO OTHER SITES
The Website may contain links and pointers to the other websites, resources, and/or sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Bacana or any of its subsidiaries or affiliates of any third party resources or their contents. Bacana does not control linked sites of third parties and is not responsible for and does not endorse the content of such sites. Your business dealings with any third party found on or through our Website are solely between you and such third party. You agree that Bacana shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
VIII. PURCHASE TERMS, PRICES, AND METHODS
Bacana may change any products or services offered on the Website, or the applicable prices for any such products or services, at any time, without notice.
IX. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL BACANA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Bacana does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Bacana reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
Bacana does not and cannot review all materials posted to the Website by users, and Bacana is not responsible for any such materials posted by users. However, Bacana 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 Bacana’s sole discretion are objectionable or in violation of these Terms of Use.
X. DISCLAIMER
BACANA, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BACANA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, BACANA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BACANA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BACANA AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
You acknowledge that transmission to and from the Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Bacana, no confidential, fiduciary, contractually implied, or other relationship is created between you and Bacana other than pursuant to these Terms of Use.
XI. APPLICABLE LAW
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY IN THE STATE OF CALIFORNIA.
Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
No recovery may be sought or received for damages other than out-of-pocket expenses. The parties shall attempt to resolve any disputes promptly and in good faith within a reasonable time (not to exceed thirty (30) days). If we are unable to resolve the dispute, either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
XII. VOID WHERE PROHIBITED
Although the Website is accessible worldwide, not all features, products, or services referenced or provided through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any product or service made on the Site is void where prohibited. If you choose to access the Website from outside the United States, you do so at your own initiative and are solely responsible for complying with applicable local laws.
XIII. MISCELLANEOUS
These Terms of Use constitutes the entire agreement between Bacana and you with respect to your use of the Website. Bacana disclaims any and all responsibility for content contained in any third party materials provided users of the Website or through links from the Website. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. Bacana reserves the right to (1) modify or change the Website, or any portion of thereof, and any applicable policies or terms; and (2) interrupt the operation of the Website, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, at any time, without notice.
