Terms of Use
1. Introduction
Welcome to BJILLC.com or LOKABIN.com. This site is provided by BJI LLC. (referred to throughout this site as the "Site") as a service to our customers. Please review the following Terms and Conditions of Website Use that govern your use of the Site (the "Terms of Use"). Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this agreement, your use of this Site still binds you to these Terms of Use. BJI LLC reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
It is your responsibility to check these Terms of Use each time you use this Website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove, or suspend any other content displayed on this Website, including features and specifications of products and services described or depicted on the Website, temporarily or permanently, at any time. Any amendment applies only from the date on which it is added to these Terms of Use.
2. Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Site does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, diagrams, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download, copy or print the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of BJI LLC or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 2.
3. Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BJI LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Internet Explorer, Google Chrome, Safari, etc.).
4. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
5. Pricing Information
While BJI LLC strives to provide accurate product and pricing information, pricing, typographical or other errors may occur. BJI LLC cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error, BJI LLC shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, BJI LLC may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Prices and availability are subject to change. In no case will BJI LLC charge you more than the listed price for an item without your consent.
6. Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BJI LLC, one of its affiliates or by third parties who have licensed their materials to BJI LLC and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of BJI LLC and is also protected by U.S. and international copyright laws.
BJI LLC and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of BJI LLC’s or any third party’s intellectual property rights.
The BJI LLC logos and all related product and service names, design marks and slogans are the trademarks or service marks of BJI LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply BJI LLC’s endorsement, sponsorship or recommendation of the third party, information, product or service.
BJI LLC is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.
7. User Reviews, Feedback, Submissions, Comments, Inventions
All reviews, comments, questions, feedback, postcards, suggestions, ideas, directions, instructions, and other submissions disclosed, submitted or offered to BJI LLC on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain BJI LLC’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BJI LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, BJI LLC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BJI LLC will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
BJI LLC is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
BJI LLC does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant BJI LLC the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify BJI LLC and its affiliates for all claims resulting from any Comments you submit.
BJI LLC and its affiliates take no responsibility and assume no liability for any Comments submitted or used by you or by any third party, or submitted by BJI LLC or its affiliates. You agree that your use of or reliance on any of the Comments shall be at your own risk.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
8. Indemnification
You agree to defend, indemnify and hold harmless BJI LLC and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
9. Termination
These Terms of Use are effective unless and until terminated by either you or BJI LLC. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. BJI LLC also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in BJI LLC’s sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or BJI LLC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. BJI LLC’s rights to any Comments, and rights to indemnity, shall survive any termination of these Terms of Use.
10. Disclaimer
THIS SITE IS PROVIDED BY BJI LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. BJI LLC 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, BJI LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BJI LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BJI LLC WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BJI LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BJI LLC WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BJI LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BJI LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
12. General
These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of BJI LLC to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit BJI LLC’s rights with respect to such breach or any subsequent breaches. These Terms of Use cannot be modified or waived except in a writing signed by the President of BJI LLC.
13. Applicable Law
These Terms of Use shall be governed by and construed under California law without regard to conflicts of law provisions. Subject to the Arbitration provision set forth in Section 16, you hereby consent and submit to the personal jurisdiction in the state or federal courts located in Los Angeles, California.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14. Your Representations
You represent that you are not under any legal or other disability which limits your ability to comply with these Terms or to install and use the products you purchase with minimal risk of harm to you or others. You further represent that you are not purchasing the products for resale to others and will not do so without BJI LLC’s prior written consent.
15. <REMOVED>
16. Dispute Resolution; Informal Resolution AND Formal Resolution By Arbitration/ Class Action Waiver
In order to expedite and control the cost of disputes, you and BJI LLC agree that any legal or equitable claim relating to use of BJI LLC Websites or use of any BJI LLC product (referred to as a “Claim”) will be resolved as follows:
A. INFORMAL RESOLUTION: You and BJI LLC will first attempt to resolve any Claim informally. In the event that any dispute between BJI LLC and you arise out of or relates to use of any BJI LLC product, these Terms of Use, the applicability of these Terms of Use to the use of any BJI LLC Website or applications or product, or to breach or enforcement, interpretation or validity of these Terms of Use, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to: gregm@BJILLC.com.
B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use as to the use of any BJI LLC Site, or the purchase of any BJI LLC products from this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act. If you and BJI LLC cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and BJI LLC understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and BJI LLC each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would. The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, BJI LLC agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and BJI LLC agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and BJI LLC both agree to another location or telephonic Arbitration. To initiate Arbitration, you or BJI LLC must do the following things:
1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to your local JAMS office] or to JAMS, 555 West Fifth Street (Gas Company Tower), 32nd Floor, Los Angeles, CA 90013.
3. Send one copy of the Demand for Arbitration to the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor BJI LLC shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and BJI LLC agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may assert an individual Claim in small claims court in lieu of Arbitration.
17. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
BJI LLC and you agree that BJI LLC and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Site or any BJI LLC product will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. BJI LLC and you further agree that BJI LLC and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles County, California.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of BJI LLC to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
18. Limited Time to File Claims:
You and BJI LLC agree that any Claim arising out of your use of any BJI LLC Website or application or claim regarding any BJI LLC product will be asserted within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 18.
19. Exclusions and Limitations; Consumer Protection Notice:
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.
If you are a New Jersey resident or otherwise have rights under New Jersey’s consumer protection laws, the terms of Sections 2, 6, 7, 8, 10, 11, 13, 15, and 18 do not limit or waive your rights under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, BJI LLC reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence.
Notwithstanding the foregoing, nothing in this Section shall modify Subsection 16(B) (“Formal Resolution by Arbitration/Class Action Waiver”).