Terms Of Service

Acceptance of Terms

Use of this website is conditional upon your acceptance of the terms and conditions referenced below:

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Bay Breakers Inc. reserves the right to accept or decline an order for any reason and at any time after receipt of that order. We may require additional verification or information before accepting an order.

Reconditioned Products

Bay Breakers Inc. sells new and reconditioned product. By accessing this site, you accept the Bay Breakers Inc. definition of "reconditioned" product [See "Warranty & Testing"] and agree to the terms of Bay Breaker's Inc.'s Warranty & Testing policies.

Typographical Errors

In the event content on our website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, Bay Breakers Inc. shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Bay Breakers Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bay Breakers Inc. shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Children Under 13

Bay Breakers Inc. does not knowingly collect personally identifiable information from children under 13. In the event that Bay Breakers Inc. is notified that it has collected any personal information from a child under the age of 13 without verification of parental consent, Bay Breakers Inc. will delete that information from its database as quickly as reasonably possible.

Disclosure and Use of Your Communications

Any information provided to Bay Breakers Inc. by you, or collected by Bay Breakers Inc. through the use of this website will be maintained in accordance with Bay Breakers Inc. Privacy Policy. You agree to be solely responsible for providing accurate and complete information as requested by Bay Breakers Inc.

Ownership Notice and Usage Restrictions

This website is the exclusive property of Bay Breakers Inc. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of it without the express prior written consent of Bay Breakers Inc.

Indemnification

By accessing this website, you agree that you remain solely responsible for use of the website, and you agree to indemnify and hold harmless, Bay Breakers Inc. and its agents with respect to any claim based upon misuse of this website or breach of any terms or conditions of this Agreement.

Jurisdiction

This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the State of California. All disputes arising from your use of this website shall be adjudicated in a court located in California.

Disclaimer of Warranties and Limitation of Liability

This website is made available to users AS IS without any warranty of any kind. Bay Breakers Inc. makes no representations, guarantees, or warranties regarding the accuracy, reliability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content (text and/or images) of this Website.

BAY BREAKERS INC., TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, BAY BREAKERS INC. DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.

BAY BREAKERS INC. SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, BAY BREAKERS INC. HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND BAY BREAKERS INC. SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, BAY BREAKERS INC. IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS SITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS SITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN BAY BREAKERS INC.'S SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY NOR AFFILIATION WITH BAY BREAKERS INC.

Reservation of Rights

If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Bay Breakers Inc. relating to the subject matter herein.

Modifications to Service

Bay Breakers Inc. reserves the right to modify in part or in whole, or temporarily or permanently discontinue this website or any content contained therein for any reason and at any time without notice. Bay Breakers Inc. is not liable for modifications, suspension or discontinuance of services or content offered on this website.