Terms of Use

1. ACCEPTANCE OF TERMS OF USE

These Terms of Use govern your use of bapco.com and bapcostore.com (these are referred to collectively herein as “bapco.com”). You accept and agree to be bound by them, by using, visiting or browsing bapco.com. If you do not agree to these Terms of Use, you should not use bapco.com.

BAPCO may change the Terms of Use in its sole discretion from time to time, with or without notice to you. You can review the most current version of these Terms of Use by clicking on the “Terms of Use” link located at the bottom of pages of bapco.com. The most current version of the Terms of Use supersedes all previous versions. By using bapco.com after the changes are made, you agree to be bound by the changes.

2. PRIVACY

All information you submit on bapco.com is subject to our Privacy Policy, the terms of which are incorporated herein. Please click here to review our Privacy Policy.

3. ELECTRONIC COMMUNICATIONS

When you visit this site or send emails to us, you communicate with us electronically. As part of these Terms of Use, you consent to receive communications from us electronically, including communications by email or by notices posted on this site; and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communications to be in writing.

4. PURCHASES FROM BAPCO.COM

a. Order Acceptance

BAPCO reserves the right at any time after receipt of your order, without prior notice to you, to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. Electronic confirmation of your order does not signify our acceptance of your order or confirm our offer to sell. We may require additional verifications or information before accepting any order.

Orders over US$100.00 may require pre-approval with an acceptable method of payment. BAPCO accepts most major credit cards. Purchases made from any of our online stores will be billed as “www.bapco.com”.

b. Shipment

All items are shipped from California. Please allow up to 48 hours for processing and shipment. Orders received on weekends and holidays or after noon PST on weekdays may be processed on the next business day. BAPCO uses various means of shipment, including FedEx and other shippers. Delivery is in accordance with the policies of the shipper. BAPCO reserves the right to select alternative shippers in its discretion. If not provided, a tracking number may be obtained via email to sales@bapco.com.

c. Resellers

Unless you have made a prior arrangement for consent from BAPCO, you represent that your purchase is not for resale and you are not a computer dealer, exporter or wholesaler. To arrange purchase for resale, please contact sales@bapco.com .

d. Returns; Limited Warranty; Exchanges

BAPCO does not accept returns of software products once a package has been opened. BAPCO will exchange (for the same product only) software products confirmed as defective which are returned within 30 days after the date of shipment. Products returned for exchange must be in new condition, original packaging and include all disks, registration cards, packing materials and other accessories. BAPCO reserves the right to refuse damaged or incomplete returns and to charge a restocking fee. No exchanges or returns will be accepted without a return authorization (“RA”) number issued by BAPCO. For assistance with returns or to exchange a defective product please contact BAPCO at sales@bapcostore.com or 888-893-6668.

5. INTELLECTUAL PROPERTY

a. Copyright

All content included on bapco.com, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software, is the property of Business Applications Performance Corporation (“BAPCO”) or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BAPCO and protected by U.S. and international copyright laws. You must not reproduce or use any such content without express written permission from BAPCO.

b. Trademarks, Trade Dress

BAPCO® is a registered trademark of BAPCO. All graphics, logos, page headers, button icons, scripts and service names of BAPCO found on this site are trademarks or trade dress of BAPCO. No permission is given to use BAPCO’s trademarks and trade dress in connection with any product or service that is not BAPCO’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BAPCO. All other trademarks not owned by BAPCO that appear on bapco.com are the property of their respective owners, who may or may not be affiliated with, connected to, members of, or sponsored by BAPCO. No images of persons or personalities contained on bapco.com shall be deemed any indication of endorsement of any particular product or service unless otherwise specifically indicated.

6. LIMITATIONS ON USE

We grant you a limited license to access and make personal use of bapco.com. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on or obtained from, bapco.com without BAPCO’s express written consent. Any unauthorized use terminates the permission or license to use bapco.com and its contents. We reserve the right to terminate or restrict your use of bapco.com, without notice, for any or no reason whatsoever. Online purchases of BAPCO products may be made only by persons 18 years of age or older.

7. CONDUCT ON BAPCO.COM

By accessing bapco.com, you agree not to:

  • upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with bapco.com;
  • interfere with the servers or networks connected to bapco.com or violate any of the procedures, policies or regulations of networks connected to bapco.com, the terms of which are incorporated herein;
  • impersonate any other person while using bapco.com, conduct yourself in a vulgar or offensive manner, or use bapco.com for any unlawful purpose.

8. SITE ERRORS

The contents of bapco.com are provided “as is.” We make no representation or warranty that the information accessible via our site is accurate, complete or current. We assume no liability or responsibility for any errors or omissions in the content of bapco.com, any failures, delays, or interruptions in the shipment of disks, delivery of any content contained on bapco.com, any losses or damages arising from the use of the content provided on this site, or any conduct by its users. In the event of an error in pricing or information listed on this site, BAPCO shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If BAPCO cancels a purchase after a charge for the purchase has been made to your credit card, BAPCO promptly shall issue a credit to your credit card account to reverse the charge.

9. USE OF INFORMATION SUBMITTED

BAPCO retains the right to use any comments, information, ideas, concepts, reviews or techniques contained in any communication you may send to bapco.com, without payment, compensation or acknowledgement to you, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the bapco.com web site or other web sites.

10. DISCLAIMERS OF WARRANTIES; LIMITATIONS ON LIABILITY

All items purchased from bapco.com are made pursuant to a shipment agreement, pursuant to which risk of loss passes to you upon our delivery to the carrier, and an end user license agreement accompanying the products so purchased. Please click here to review our form of end user license agreement. Except as set forth in the end user license agreement and these Terms of Use, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall BAPCO, its directors, officers, employees or members be liable to you, jointly or severally, for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and under any theory of liability, arising out of or in connection with the use or performance of this site or information contained on it.

You might have additional rights. Certain state laws do not allow limitations on implied warranties or exclusion or limitation of certain damages. If any authority applicable to you holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

11. LINKS

Some of the hyperlinks on BAPCO.com may lead to other web sites which BAPCO does not control and with which BAPCO is not affiliated; and other web sites may link to bapco.com. BAPCO is not responsible for the content, performance or privacy policies of those web sites.

12. APPLICABLE LAW

By visiting this site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort which might arise between you and BAPCO concerning them.

13. DISPUTES

You agree to submit any dispute relating in any way to your visit to this site, or to products you purchase through this site, to confidential arbitration in San Jose, California. BAPCO retains, however, the right to seek injunctive or other appropriate relief for any manner of violation or threat of violation of BAPCO’s intellectual property rights, in any state or federal court in the state of California, to the exclusive jurisdiction and venue of which you consent.

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration hereunder shall be joined to an arbitration involving any third party, whether through class arbitration proceedings or otherwise, except as specifically required by applicable law.