The following are terms of a legal agreement (this “Agreement”) between you and Bay Cities Container Inc. (“Bay Cities”). By accessing, browsing, downloading and/or using this website, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site is controlled and operated by Bay Cites from its offices within the United States. Bay Cities makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with their applicable local laws.
PLEASE READ THESE TERMS OF USE CAREFULLY.
Use of this Website
The design of this website and all text, graphics, information, content, and other material displayed on or that can be downloaded from it are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material. The contents of this website are © 2025, Bay Cities, or its divisions and affiliates. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this website or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Bay Cities as a result of your use of this Site.
U.S. Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Bay Cities’ proprietary rights in them.
Content Accuracy
In describing our business and products on this website, we attempt to be as accurate as possible. Bay Cities does not warrant that the content of this site is accurate, complete, reliable, current, or error free. For the most accurate product information, always refer to the actual, physical specifications. We reserve the right to correct, delete or otherwise edit any typographical errors, inaccuracies or omissions from time to time without notice.
Third Party Links on this Website
Our Sites may contain links to other websites or other resources. These links are provided by Bay Cities only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by Bay Cities of the site or any of the information or content therein. Because these linked sites and resources are not under the control of Bay Cities, you acknowledge and agree that Bay Cities is not responsible or liable for their content, advertising, products, services, policies, functions or other materials, or any review, changes, or updates to such sites, or any use thereof. It is the user’s responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In addition, we recommend that you check the specific privacy policy of any site before providing any personal information.
User Comments, Feedback, Contact Form and Other Submissions Other than personally identifiable information, which is subject to this website’s Privacy Policy, any material, information, media, content, suggestions, ideas, concepts, knowhow, techniques, questions, comments or other communication you transmit or post to this website (“User Communications”) is and will be considered nonconfidential and nonproprietary. We may use any or all User Communications for any purpose, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or noncommercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
Bay Cities does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Bay Cities reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website.
You represent, warrant, and covenant to Bay Cities that: (a) you shall not upload, post, or transmit to, or distribute or otherwise publish through, this website any materials which (i) restrict or inhibit any other user from using and enjoying this website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, scandalous, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil or criminal liability, or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, moral rights, rights of attribution, or any other proprietary right or intellectual property rights of any third party, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) your website username and password are for your use only and are not to be shared with others; and (c) that you are at least eighteen (18) years old.
Bay Cities reserves the right at all times to edit, refuse to post, or remove any information or materials, in whole or in part, that in Bay Cities’ sole discretion are objectionable or in violation of this Agreement.
Privacy; Waiver of Infringement and Other Claims
Bay Cities has no obligation to monitor this website. You agree that Bay Cities has the right to monitor this website electronically from time to time and to disclose any information (including any personal information or other information provided or posted by you) as necessary to satisfy any law, regulation, court order, or government request or demand, to operate the Service properly, or to protect itself or its subscribers. Bay Cities has no obligation to monitor the Bay Cities site. However, Bay Cities reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.
Unless otherwise expressly stated herein or in Bay Cities’ Privacy Policy, you hereby grant to Bay Cities a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit all of your User Communications, in all media now known or hereafter developed.
You acknowledge that transmissions to and from this website are not confidential and your User Communications may be read or intercepted by others. You acknowledge that by submitting User Communications to Bay Cities, no confidential, fiduciary, contractually implied, or other relationship is created between you and Bay Cities other than pursuant to this Agreement.
You hereby waive all rights to any claim against Bay Cities for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Indemnification
You hereby agree to indemnify, defend, and hold Bay Cities and its affiliates, and all of their respective officers, directors, owners, members, managers, agents, employees, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, proceedings, damages, injuries, liability, losses, costs, and expenses (including, without limitation, reasonable attorney’s fees and expenses) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or of the representations, warranties, and covenants made by you hereunder, or arising out of or relating to any acts by you or materials or information transmitted by you in connection with this website, regardless of the type of claim or nature of the cause of action. You shall cooperate as fully as reasonably required in the defense of any claim. Bay Cities reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Bay Cities.
Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. ANY AND ALL IMPLIED WARRANTIES OF ANY NATURE ARE HEREBY EXPRESSLY DISCLAIMED BY BAY CITIES AND YOU HEREBY WAIVE ANY AND ALL OF YOUR RIGHTS WITH RESPECT TO ANY IMPLIED WARRANTIES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Bay Cities does not and cannot review, and has no obligation to monitor, all materials posted to this website by users and Bay Cities is not responsible for any such materials posted by users.
Bay Cities shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware or software errors, delays or breakdowns and including any delays or defaults on the part of Bay Cities that are due to causes beyond the reasonable control of Bay Cities, including those caused by attacks from unauthorized users who access Bay Cities’ technological infrastructure.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL BAY CITIES, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, DISTRIBUTORS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION, LOSS OF PROFIT, LOSS OF REVENUE, OR LOSS OF OPPORTUNITY ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEBSITE, OR ANY HYPERLINKED SITE OR ANY PRODUCT OR SERVICES SOLD HEREUNDER, EVEN IF BAY CITIES OR ANY BAY CITIES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS WEBSITE OR MATERIALS FROM THIS WEBSITE (OR LINKED TO ON THIS WEBSITE) RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Dispute Resolution, including Arbitration and Class Action Waiver: a. You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested. b. IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms & Conditions (including any dispute as to their breach, termination, enforcement, interpretation or validity), our {PRIVACY POLICY} (including any dispute as to its breach, termination, enforcement, interpretation or validity), the Bay City sites, any promotional offers or any product or service provided under or in connection with our relationship will be resolved exclusively by binding arbitration. The arbitration shall be conducted before JAMS using a single arbitrator under the JAMS Comprehensive Arbitration Rules and Procedures (or their replacement) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. The arbitrator shall be chosen by mutual agreement from a slate of ten (10) potential arbitrators proposed by either you or us and, if you and we are unable to agree, the arbitrator shall be chosen by the JAMS administrator. In the event of a conflict between the JAMS rules and these Terms, these Terms shall govern. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in these Terms. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected. c. The arbitration will be conducted at the JAMS office nearest to your hometown, unless you and we mutually agree to a different location or to a telephonic arbitration. If you decide to initiate arbitration after you and we are unable to resolve the dispute between us, we will pay the costs of the arbitration proceeding, including the arbitrator’s fees and case management fees, for claims in which you or we seek less than $10,000 from the other party. For claims in which you or we seek $10,000 or more from the other party, we shall evenly share the costs of arbitration. If you are required to pay a fee or deposit to JAMS to initiate your arbitration, we will reimburse you. We will not, however, pay your attorney’s fees. To start an arbitration, you or we must do the following three things: i. Write a Demand for Arbitration. The demand must include a description of the dispute and the amount of damages or other relief sought. You can find a copy of a Demand for Arbitration at www.jamsadr.com. ii. Send two (2) copies of the Demand for Arbitration, plus the appropriate case management fee (which we will reimburse to you upon proof of payment) and reference to these Terms & Conditions to: JAMS 620 Eighth Ave., 34th Floor New York, NY 10018 1-212-751-2700 iii. Send one (1) copy of the Demand for Arbitration to the other party. d. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate. e. You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, officers, directors, agents, employees, affiliates or predecessors. Accordingly, you and we agree that the JAMS Class Action Procedures (or their replacement) will not apply in any arbitration between us. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. f. In lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs.
These Terms of Use are the complete and exclusive statement of the mutual understanding of the parties.
Revisions and Updates
This website could contain technical or other inaccuracies or outdated material. Bay Cities may at any time revise these Terms of Use by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use by which you are bound. Bay Cities makes no commitment to update materials on this website.