Terms of Service
BayGenie.com is owned and operated by FisherLite LLC ("BayGenie.com",
"FisherLite", "we", or "us"). BayGenie.com
offers you (the "User") a variety of products (the "Service"), including
downloadable applications and online services. By using the Service in
any way you are agreeing to comply with these terms, which we may
update at any time without notice. You must be at
least 18 years old and competent to enter into a contract to use the
Service. Unless we expressly note otherwise, these terms incorporate
and supersede any other terms associated with the files and
applications available on the domain baygenie.com, its sub-domains, and
any international counterparts and sub-domains, as well as affiliated
domains and sub-domains operated by FisherLite LLC.
No Liability for Services
You understand and agree that
BayGenie.com does not guarantee continuous, uninterrupted or secure
access to our Service. BayGenie.com does not guarantee the placement of
your bid on eBay. While the Service will make reasonable efforts to
ensure performance of its services, many factors can interfere with the
correct placement of your bid. BayGenie.com disclaims all liability for
bids, regardless whether the bids were placed or not placed on eBay.
Data displayed on this website about past performance is not a
guarantee of similar results in the future. BayGenie.com does not
guarantee absolute protection of User information and BayGenie.com does
not guarantee that the User will be able to make changes, additions or
deletions to bids.
We are not a party to the transaction entered into between you and
the seller of the auction. Any transaction is between you and your
seller and we are not
responsible for any issues you might have with your auction, the
transaction and any other related matters.
THIS SITE AND ITS SERIVICES ARE PROVIDED BY BayGenie.com ON AN "AS IS"
BASIS. YOU USE THE SERVICE AT YOUR OWN RISK. BayGenie.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, BayGenie.com DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BayGenie.com WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You will indemnify BayGenie.com, and its subsidiaries, affiliates, officers,
agents, and employees against any claim or demand, including reasonable
attorneys' fees, related to content or services you distribute or use
via the Service or your use of or conduct on the Service.
Software available on BayGenie.com
Software that is made available to download from BayGenie.com, ("Software")
is the copyrighted work of BayGenie.com and/or its suppliers. Your use
of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree
to the License Agreement terms. For any Software not accompanied by a
license agreement, BayGenie.com hereby grants to you, the User, a
personal, nontransferable license to use the Software for viewing and
otherwise using the particular BayGenie.com in accordance with these
all copyright and other proprietary notices. All Software is owned by
BayGenie.com and/or its suppliers and is protected by copyright laws
and international treaty provisions. Any reproduction or redistribution
of the Software is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. You acknowledge that the Software, and any
accompanying documentation and/or technical information, is subject to
applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any
countries that are subject to USA export restrictions.
Fees and payment
BayGenie.com reserves the right to charge fees for certain services, as well as
transaction fees based on certain completed transactions using the
Service. BayGenie.com further reserves the right to alter any and all
fees from time to time, without notice.
Termination / Access Restrictions
BayGenie.com reserves the right, in its sole discretion, to terminate your access to
any or all BayGenie.com and the Service or any portion thereof at any
time, without notice. BayGenie.com may terminate the baygenie.com site
and the Service at any time, without notice. You accept this risk and
waive any and all claims, of any nature whatsoever, associated with
such termination of the baygenie.com site and the Service.