TERMS AND CONDITIONS
Baja Vida is a brand of One World CPG, LLC.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access of our Site following the posting of any changes constitutes acceptance of those changes.
Our store is running on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- Your Acceptance
- You should periodically review the most up-to-date version of these terms at bajavida.com. We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- Your Account
We reserve the right to refuse service to anyone for any reason at any time.
- In order to access some features of the Site, you will have to create an account. In order to create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you are required to keep your account password secure. You are obliged to immediately notify us of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
- We will not be liable for your losses caused by any unauthorized use of your account, however, you may be liable for your losses or losses of others if an unauthorized use of your account occurs.
- General Use of the Website—Permissions and Restrictions
We hereby grant you permission to access and use the Site as set forth in these Terms, provided that:
- You agree not to distribute in any medium any part of the Site, including but not limited to postings, without our prior written authorization.
- You agree not to alter or modify any part of the Site.
- In your use of the website, you will otherwise comply with the terms and conditions of this Sita, and all applicable local, national, and international laws and regulations.
- We reserve the right to discontinue your use of the Site or remove your account at any time. No refund or explanation will be provided.
- Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of our Site.
- The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and its Content.
- You may access our Content, only as permitted under these Terms. We reserve all rights not expressly granted in and to the Content.
- You agree to not engage in the use, copying, or distribution of any of the Content without our written permission for any commercial purpose.
- Online Purchases
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
- Account Termination Policy
We will terminate a User’s access to our Site if, they are determined to have violated any of these Terms.
- Links to Third Party Sites
The Site may contain links to websites operated by parties other than Baja Vida. Such links are provided for your convenience only. We are not responsible for any third-party websites or their contents. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. We have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Baja Vida. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on any third-party site.
- Limitation of Liability
IN NO EVENT SHALL BAJA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE WEBSITE IS CONTROLLED AND OFFERED BY BAJA VIDA FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BAJA VIDA MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BAJA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BAJA VIDA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS SITE’S CONTENT, THE POSTINGS, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR POSTINGS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BAJA VIDA WEBSITE. BAJA VIDA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY STATEMENT MADE BY A THIRD PARTY THROUGH ITS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BAJA VIDA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY THIRD-PARTY.
You agree to defend, indemnify and hold harmless Baja Vida, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Baja Vida Site; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you may have posted to the Site caused damage to a third party.
- Ability to Accept Terms
You affirm that you are at least the age of majority in your state or province of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Any rights and licenses granted hereunder, may not be transferred or assigned by you to anyone, but may be assigned by Baja Vida without restriction.
You agree that: (i) the Baja Vida Site shall be deemed solely based in California; and (ii) the Baja Vida Site shall be deemed a passive website that does not give rise to personal jurisdiction over Baja Vida, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Baja Vida that arises in whole or in part from the Baja Vida Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms, together with the Privacy Notice at https://bajavida.com/privacy-policy/ and any other legal notices published by Baja Vida on the website, shall constitute the entire agreement between you and Baja Vida concerning the Baja Vida Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Baja Vida’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Baja Vida reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Baja Vida Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND BAJA VIDA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BAJA VIDA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.