TERMS AND CONDITIONS
Acceptance of Terms
By accessing or using this web site, you agree to the following Terms and Conditions as part of the Conditions of Use, without limitation.
When you visit this web site or send emails to Bast, you are communicating with us electronically and agree to receive communications from us electronically. Bast will communicate with you via email or by posting notices on this web site. You agree that all electronic communications we send to you or post on this web site satisfies any legal requirement that such communications be in writing.
All content on this web site, including but not limited to images, prints, art work, text, graphics, digital downloads and logos, is the property of Bast or its suppliers and protected by United States and international copyright laws. All copyrights are retained by Bast or its suppliers and shall not be reproduced without the express prior written consent of Bast or its suppliers, as applicable. Any unauthorized reproduction will result in appropriate legal proceedings.
You agree that you will not:
- violate any laws, third party rights, or our Conditions of Use;
- use this web site if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from this web site;
- distribute viruses or any other technologies that may harm Bast, or the interests or property of Bast's users;
- copy, modify, or distribute materials from this web site and Bast' copyrights and trademarks;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- include personal or identifying information about another person without that person's explicit consent;
- employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content;
- attempt to gain unauthorized access to this web site or Bast computers, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of this web site;
- copy or reproduce any portion of the web site to any other server or location for further reproduction or redistribution; or
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this web site.
Right to Restrict Use
Bast reserves the right, with or without notice, to restrict, modify, suspend or terminate your use of this web site if Bast determines that your use (i) may present a security risk or may interfere with the proper continued operation of this web site; (ii) may violate any applicable laws or governmental regulations; or (iii) may violate any of the Conditions of Use. Bast will also disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request.
Notice of Copyright Infringement
If you believe that any content or material on this web site infringes your copyrighted work, you must follow the Notification for Claims of Copyright Infringement procedures which can be found here.
DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOUR USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS ONLY. BAST DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BAST DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE WEB SITE. BAST DOES NOT GUARANTEE THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE WEB SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL BAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF DATA, USE, PROFIT OR REVENUE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS SHALL APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, RESTRICTION OR TERMINATION IN CONNECTION WITH THIS WEB SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE OR ANY OTHER BASIS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Links to Other Sites
This web site may have links to other web sites as a convenience to users. When you link to another web site, you are no longer on this web site and will be subject to the policies of the new web site. Bast does not endorse or accept responsibility for any third party web sites.
The Conditions of Use constitutes the entire agreement between you and Bast and governs your access to or use of this web site. The Conditions of Use and any and all disputes in connection with the Conditions of Use shall be governed by the laws of the State of Washington without regard to its conflict of law provisions and expressly excludes the United Nations Convention of Contracts for the Sale of Goods. The failure of Bast to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions of Use shall remain in full force and effect. Bast shall have the right to assign its rights hereunder to a parent company or a surviving entity in connection with any merger, acquisition or consolidation.