Terms And Conditions

Introduction and Acceptance of Terms

Welcome to the tarpsandall.com website. The website tarpsandall.com (the “Website”) is a trademark of and operated by Bayport International, LLC (“Bayport International,” “we,” or “us”). The Website and all related services, content, and information are subject to your agreement to and compliance with the following terms and conditions (the “Terms of Service”). By visiting, browsing, or shopping on the Website or using other Bayport International Services, you (the “User”) agree to these Terms of Service. Please read the Terms of Service carefully.

Third-Party Sites

Bayport International is affiliated with other companies or third parties to provide products and services through the Website. However, Bayport International does not have control over these third-party sites or the services they provide. By using these services, the User acknowledges and agrees that Bayport International shall not be held liable in any manner whatsoever. It is important to note that affiliate companies or third parties have their own terms and conditions which the User must comply with when using these services. In case of any conflicts between the terms and conditions of Bayport International and other affiliates or third parties, the Terms of Service of Bayport International shall take precedence, and the User must comply with them.

License and Use

Subject to these Terms of Service, Bayport International grants the User a personal, non-exclusive, non-transferable, revocable license to access and use the Website for its offered services. The User does not acquire any ownership interest in the Website or any related content under these Terms of Service, or any other rights thereto other than to use the Website in accordance with the license granted and subject to all terms contained herein. All rights not expressly granted to the User in these Terms of Service are reserved and retained. We reserve the right to revoke access, refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that a User’s conduct violates these Terms of Service, applicable law, or is otherwise harmful to our interests.

The Website is not intended for and may not be used by children under the age of 13. By using the Services, the User represents that he/she is at least 18 years of age or the legal age of majority where he/she lives. If the User is under 18 but at least 13 years of age, he/she may use the Website only with a parent or guardian’s permission and consent to these Terms of Service.

Prohibited Uses

The User is only authorized to use the website in accordance with these Terms of Service and as permitted by Bayport International. Specifically, but not by way of limitation, the User is prohibited from:

• interfering with Website performance or breaching Website security systems using viruses or any other technology or program designed to interfere with performance, content, and appearance of the website,
• collecting or gaining unauthorized access to Website data or the data of other users,
• adapting, modifying, or creating derivative works based on Website content or technology, in whole or in part,
• reverse engineering, deciphering, decompiling, disassembling or otherwise attempting to derive any technology or underlying intellectual property of the Website,
• transmitting or attempting to transmit any advertising or promotional material, including any junk mail, chain mail, spam or any other similar solicitation,
• engaging in any act of impersonation or attempt to impersonate Bayport International, its employees, representatives, subsidiaries or affiliates, and
• using the Website in any way that violates any applicable federal, state, local or international law or regulation.

Intellectual Property Rights

The User understands and agrees that the content of the Website is protected by United States Copyright Law. Except as necessary for personal and non-commercial use or as allowed by these Terms of Service, the User is strictly prohibited from attempting to reverse engineer, copy, download, or redistribute any part of the Website.

The trademarks, service marks and logos (the "Trademarks") used and displayed on the Website are registered and unregistered trademarks of Bayport International, our affiliates, and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, or any license or right to use any Trademark displayed on the website, without the prior written permission of the Trademark owner.

User’s Content

The User is solely responsible for any content that he/she submits or creates on the Website, including any potential harm that may result from such content.

The User acknowledges that he/she will retain full ownership of any content that is uploaded or generated by him/her on the Website. However, by using any third-party content on the Website, the User hereby grants us a non-exclusive, worldwide, transferable, limited license to use, copy, modify, reproduce, publicly display, sell and distribute such content in or on products and in advertising, marketing, samples, and promotional materials for Bayport International.

The User may remove the designs, graphics, files or other content created or uploaded by him/her at any time during the use of the Website by notifying Bayport International in writing. Any orders that may have derived from such content prior to the written notification of removal will be fulfilled.

If the User is a copyright owner, or authorized on behalf of one, and he/she believes in good faith that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit via email to info@tarpsandall.com the following information:

• Written documentation with signature of the person authorized to act on behalf of the owner of the copyright interest.
• Detailed description of the material the User claims has been infringed, including a copy of the copyrighted work or a link to the location where the copyrighted work exists.
• The User’s contact information includes email address, telephone number, and mailing address.

Our copyright agent will quickly act on any such notice received. The User may be held accountable for damages, including attorney’s fees, for any misrepresentation or bad faith claims on the copyright infringement of any content found on the Website.

General Representation and Warranty

By using the Website, the User represents and warrants to Bayport International that he/she will not violate the legal rights, including but not limited to copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal rights of any third party. Additionally, the User represents and warrants that there are no pending claims, demands or any form of litigation with respect to his/her content, to the best of his/her knowledge. Bayport International shall not be liable to pay any third party for the use of his/her content provided on the Website. Moreover, any content that the User submits or creates on the Website should not cause direct or indirect harm to any third party, and should be free of viruses, malware or any other program or technology that can cause direct or indirect damage to the Website.

Disclaimer

Bayport International provides the Website on an "as is" and "as available" basis. While we make reasonable efforts to ensure that the Website is accessible and error-free, we do not make any representations or warranties of any kind, whether express or implied that the Website will be uninterrupted, free of errors and inaccuracies, reliable, timely, or meet User requirements. No warranties, express or implied, including without limitation any warranties of fitness or quality for a particular purpose or use, merchantability and non-infringement, shall apply to the Website.

Limitation of Liability

To the fullest extent permitted by applicable law, Bayport International or its affiliates, employees, officers, directors, or agents shall not be liable to any User or third-party for any direct, indirect, consequential, incidental, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with (i) the use of the Website or any service or products based on any cause of action, even if advised of the possibility of such damages, (ii) the content contained on the Website, or (iii) any delay or failure in performance beyond the control of Bayport International.

In no event shall the total aggregate liability of Bayport International, arising out of or in any way related to the Website, exceed the amount paid to Bayport International for the applicable products or services.

Indemnification

The User agrees to indemnify and hold harmless, to the fullest extent permitted under the applicable law, Bayport International, our partners, suppliers, affiliates, and our/their employees, directors, officers, members, and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damages, losses, liabilities, costs or expenses (including, without limitation, attorneys’ fees and expenses and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of his/her use of the Website, including but not limited to his/her violation of these Terms of Service, through any act or omission.

Account Creation and Registration

By making a purchase on the Website or our affiliate domains the User agrees to receive electronic communications, including valuable newsletters and emails, from Bayport International and our subsidiaries. User privacy is very important to us. If the User does not wish to receive newsletters and emails, he/she may opt out at any time.

The User may be asked to register an account at the Website. The User agrees to provide accurate and complete information during account registration. Each registration is for personal use only and you may not use another’s account without permission. You are solely responsible for maintaining the security of your account and fully responsible for all actions that occur under the account. Bayport International shall be immediately informed of any unauthorized use of your account or any other breaches of security.

By submitting the login form, the User agrees to receive marketing text messages from us at the number provided, including messages sent by the auto dialer. Consent is not a condition of purchase. Message and data rates may apply. Message frequency may vary.

By using the Service, the User consents to receive certain electronic communications from us. The User agrees that any notices, agreements, disclosures, or other communications that we send to the User electronically will satisfy any legal communication requirements, including communications in writing.

Color Issues

Bayport International uses standard industry software for designing and printing purposes. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be deemed acceptable by the User. Slight variations will not be considered production mistakes and will not be eligible for refund, return or reproduction. We use our best professional judgment for color matching, but we suggest ordering sample product first if the User needs an exact color match.

Design Proofing

We will not proofread any design made by the User. We implore the User to double check all of his/her designs before submitting his/her order. We cannot be held responsible for mistakes in design made by the User.

We will print a submitted file provided as-is. If proof is requested, we will produce using the last proof approved by the User. Any mistakes or changes in the proof must be made before approval of the proof.

Response Time

Bayport International requires the User to respond to all information or proof approval requests in three (3) business days. If the User fails to respond to the request for any reason within that timeframe, we reserve the right to use our best judgment on whether and how to proceed.

Production

Bayport International uses production facilities located both within and outside of the United States of America (“USA”). While we strive to provide transparency about the manufacturing process, we cannot guarantee where production will take place for each product and order. The User’s order may be manufactured in the USA or in another country.

Delays

Bayport International provides estimated delivery dates for each order on the Website. These dates are estimates only, based on production-ready orders. Estimated delivery dates do not include any public holidays or shipping delays that may occur. Any delay due to shipping must be addressed directly with the shipping company.

Refunds and Returns

We do not allow any refunds unless there is an error on Bayport International’s part. In such a case, the refund value will be less or equal to the sold price of the product, excluding shipping charges. Any refunds must be approved by a Customer Service Representative prior to issuance. Refunds will be issued within 15 business days of approval. We will not be responsible for any charges imposed by banks or third-party service providers, including but not limited to fees or interest.

Miscellaneous

These Terms of Service constitute the complete and sole agreement between Bayport International and the User, and supersede all prior or contemporaneous agreements, representations, warranties and understandings. These Terms of Service will be binding upon each party hereto and its successors and permitted assigns. This agreement will be governed by and construed in accordance with the laws of the state of Georgia, except to the extent that applicable law, if any, provides otherwise. If any part of the Agreement is held invalid or unenforceable, it will be severed, and the remaining portions will remain in full force and effect.

The User may not assign or transfer their rights under these Terms of Service without the prior written consent of Bayport International. We may assign our rights under these Terms of Service without any condition. A waiver by either party of any of these Terms of Service or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

The User and Bayport International shall be independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

In the rare event of a dispute, any claim or controversy arising out of or relating to these Terms of Service shall be resolved by confidential binding arbitration administered by JAMS, except for injunctive relief in emergent circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to settle all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

You, as the User, acknowledge and understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand and acknowledge that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Changes

Bayport International reserves the right to add, delete, modify or update any of the terms and conditions contained in these Terms of Service, at any time and in its sole discretion without prior notice. We may post a notice on the homepage of our Website when such changes occur; however, it is recommended that the User must review these Terms of Service each time he/she visits the Website. By continuing to access the Website, the User confirms his/her acceptance of the revised Terms of Service and any of the terms incorporated herein by reference.

Questions

If you have any questions about these Terms of Service, please email us at info@tarpsandall.com.