terms of use

introduction

Welcome to baggallini.com, a retail website of Baggallini Inc. (the "Company"), a wholly owned subsidiary of the R.G. Barry Corporation. The content on this website and the services available to you on this website are provided subject to the terms and conditions included in this Terms of Use and the baggallini.com Privacy Policy. Please read these Terms of Use carefully. By visiting or using the baggallini.com website, you acknowledge that you have read, understand, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use this website.

privacy

Please review the baggallini.com Privacy Policy, which also applies to your visit to, and use of, the baggallini.com website and describes our practices and policies related to the collection, use and storage of information about users of the baggallini.com website.

ownership and copyright

The baggallini.com website is owned by the Company. All content and functionality on the baggallini.com website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the property of the Company and is protected by United States and international copyright laws.

trademarks

The trademarks, service marks, trade dress, designs and logos (collectively "Trademarks") on the baggallini.com website are the registered or unregistered Trademarks of the Company. Such Trademarks may not be used in connection with any product or service of anyone other than the owner of the applicable Trademark, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits the baggallini brand, the Company, its parent or any affiliate. Nothing on the baggallini.com website or in these Terms of Use should be construed as any license or right to use any Trademarks displayed on this website without the express written permission of the owner of such Trademark. The names "baggallini.com" and "baggallini" and baggallini logos may not be used for any purpose without the prior written consent of the Company.

The Company has a no-tolerance policy regarding the use of their respective Trademarks or names in metatags and/or hidden text. The use of the Company's Trademarks or name in metatag keywords is trademark infringement and the use of the Company’s Trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

use of content

The baggallini.com website and content are intended solely for personal and non-commercial use by visitors and on-line shoppers. Any use of the baggallini.com website or its content other than for personal and non-commercial purposes is prohibited. The Company grants a non-exclusive, non-transferable and revocable license to download, electronically copy and print any of the content and functionality displayed on the baggallini.com website for your personal, non-commercial use only. Such license is not a transfer of title and is subject to the restrictions that you shall not (i) reproduce, publish, transmit or distribute any of the content, (ii) modify or create derivative works from the content, (iii) use any of the content for any commercial purpose, or in any public display, performance, sale or rental, (iv) decompile, reverse engineer, or disassemble the content, or (v) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use the baggallini.com website in any manner that may be harmful to the operation of the website or its content.

Notice of Infringement

The posting of any content on the baggallini.com website that infringes or violates the copyright or other intellectual property right (including rights of privacy and publicity) of any person or entity is prohibited. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this website, please write to the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right believed to be infringed, (ii) identification of the content on this website requested be removed, (iii) your name, address, daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right believed to be infringed and (vi) the signature of the owner of the right believed to be infringed or a person authorized to assert such infringement on behalf of the owner. Any content on this website that infringes the copyright or other intellectual property rights of any person under U.S. law will be promptly removed following receipt of such a statement. Statements of infringement under this section should be submitted to the address below.

Baggallini Inc.
Privacy Officer
13405 Yarmouth Road NW
Pickerington, OH 43147

your account

If you access or use the baggallini.com website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. The Company may sell products for children, but only sells the products to adults who can purchase with a credit card or other method of payment accepted on the baggallini.com website. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders at our sole discretion.

comments and suggestions

The Company appreciates hearing from our customers and other users of the baggallini.com website and welcomes your comments and suggestions regarding the website and the products offered for sale, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion. If you submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our services but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions you send to the Company will become our property and shall not be subject to any obligation of confidentiality on our part. The Company is not liable for any use or disclosure of any such feedback, comments or suggestions and shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

product descriptions

The Company makes all reasonable efforts to display the products listed for sale on the baggallini.com website as accurately as possible. However, the colors used, as well as the display and color capabilities of your computer monitor, will affect the colors actually seen on your screen. The Company cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, the Company does not warrant that any product descriptions or other content are accurate, complete, reliable, current or error free. If a product offered on the baggallini.com website is not as described, your sole remedy is to return it in unused condition.

other sites

The baggallini.com website may contain links to websites that are not maintained by the Company. Efforts are made to only include links of websites that are in good taste and safe for users of our website. However, the Company is not responsible for the content or accuracy of any third party website and cannot guarantee changes will not be made without our knowledge. The inclusion of a link to a third party's website does not imply our endorsement of the third party's website. If you decide to use any link on the baggallini.com website to access a third party's website, you do so at your own risk and subject to the terms of use and privacy protections, if any, of that third party's website.

disclaimer of warranties and limitation of liability

ALL CONTENT AND FUNCTIONALITY PROVIDED ON THE BAGGALLINI.COM WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BAGGALLINI.COM WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY, ITS PARENT OR ANY AFFILIATE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON ANY LINKED WEBSITE, CONTAINED IN ANY CONTENT PUBLISHED ON THE BAGGALLINI.COM WEBSITE, OR PROVIDED BY THIRD PARTIES. THE COMPANY DOES NOT WARRANT THAT THE BAGGALLINI.COM WEBSITE, ITS SERVERS, OR EMAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND THIRD-PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE BAGGALLINI.COM WEBSITE IS AT YOUR OWN RISK.

The disclaimers of liability above apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also acknowledge the Company is not liable for defamatory, offensive, infringing or illegal materials or conduct by you or any third party.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall the aggregate liability of the Company to you for all claims, damages, losses, and causes of action exceed the amount paid to the Company by you for accessing the baggallini.com website.

The Company makes no representations that the content of the baggallini.com website is appropriate or available for use in all locations. Visitors who choose to access the baggallini.com website from any location do so by their own initiative and are responsible for compliance with applicable local law.

indemnity

You agree to defend, indemnify, and hold harmless the Company and their respective officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the baggallini.com website or your breach of these Terms of Use.

applicable law

By visiting the baggallini.com website, you agree that the law of the State of Ohio, without regard to its principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and the Company relating to the baggallini.com website or your use of the baggallini.com website. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the baggallini.com Privacy Policy, constitute the entire agreement between you and the Company relating to your access to and use of the baggallini.com website.

dispute resolution

Any dispute arising with respect to your use of the baggallini.com website, the Privacy Policy or these Terms of Use shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in the State of Ohio.

modifications

The Company reserves the right, at our sole discretion, to at any time change, modify, add, or remove portions of these Terms of Use. Please check this page periodically for changes. You agree that each time you visit the baggallini.com website, your visit to and use of the website will be subject to and bound by the then current version of these Terms of Use.

These Terms of Use were last updated on February 4, 2015.