Terms and Conditions
The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
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Our Legal Policy...
Please review the following terms and conditions concerning your use of the web site.
Terms of Service: By accessing, using or downloading any information and/or materials from the web site, you agree to follow and be bound by these terms and conditions (collectively, the "Terms"). If you do not agree with these Terms, please do not use this web site. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
The materials at this web site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. The information contained on this web site (collectively, the "Site") may not be reproduced or utilized for commercial use without the express written consent of Bailey's Towing Accessories, Inc. ("Bailey's", "Bailey's Towing Accessories", "our" or "we"). Bailey's hereby authorizes you to copy material published by Bailey's. on the public portions of this Site for use within your organization solely for noncommercial, personal and informational use. You agree not to copy or post on any networked computer, broadcast in any media, or use for commercial gain any materials or modify any materials from this web site in any way. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. You agree to expressly identify Bailey's as the copyright holder for any material or information that you copy from this Site. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed materials.
Copyright and Trademark Information: All of the information, content, services and software (including source and object codes) onbaileystowinginc.com (collectively, the "Content") is owned by Bailey's, Copyright, 2009, all rights reserved. The Content is intended solely for the personal, noncommercial use of users of baileystowinginc.com collectively (the "Service").
You may not access, download, use or export any materials, information, software, products or services contained on this web site in violation of US export laws or regulations, or in violation of any applicable local laws or regulations.
Bailey's respects the intellectual property rights of others, and we ask our users to do the same. Bailey's and our logo are trademarks of Bailey's Towing Accessories, Inc. All other company and/or product names mentioned are the trademarks or registered trademarks of their respective companies.
Nothing contained in this web site will be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Bailey's or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any Bailey's, Inc. copyright. Any product, process, or technology in this web site may be the subject of other intellectual property rights reserved by Bailey's and is not licensed hereunder. This Site may be changed or updated without notice. We may also make improvements and/or changes in the products, services and/or the programs described in this Site at any time without notice. The information and materials on this Site does not represent a commitment on the part of Bailey's in the future. We reserve any rights not expressly granted in these Terms.
Links to Third-Party Sites: This Site may contain links to web sites owned and/or controlled by parties other than Bailey's. We do not endorse or accept any responsibility for the use or content of any other web site, which you may access through this one. We are providing these links to you only as a convenience. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of a destructive nature.
If you operate a web site and wish to link to the Service, you may link only to the Service's home page at baileystowinginc.com and not to any other portion of the Service. We reserve the right to reject or terminate any links to the Content at any time for any reason.
General Disclaimer and Limitation of Liability: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER BAILEY'S TOWING ACCESSORIES OR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSEES, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SERVICE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED 'AS IS' AND BAILEY'S TOWING ACCESSORIES SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. BAILEY'S TOWING ACCESSORIES DOES NOT WARRANT THAT THE SERVICE IS PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT WILL BAILEY'S TOWING ACCESSORIES BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE OR THE MATERIALS OR INFORMATION CONTAINED IN IT, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF USE OF PROGRAMS, COMPUTERS OR OTHER DATA ON YOUR COMPUTERS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD BAILEY'S TOWING ACCESSORIES HARMLESS FROM AND NOT TO SUE BAILEY'S TOWING ACCESSORIES FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
Miscellaneous: We reserve the right in our discretion to change these Terms at any time with or without notice to users of any such changes by changing these Terms. Your continued use of the Service after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Bailey's may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of Content, at any time without notice or liability. Bailey's may deny access to any person or user at any time for any reason. Prices are subject to change at any time without notice.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY
- Use Of Site
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This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Bailey's Towing Accessories Inc. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Bailey's Towing Accessories Inc. believes that customer conduct violates applicable law or is harmful to the interests of Bailey's Towing Accessories Inc. and its subsidiaries.
- Privacy Policy
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We respect your privacy.
Bailey's Towing Accessories is committed to protecting our visitor's personal information.
Privacy Policy
Under no circumstances do we sell or rent this information to other businesses, and we strictly protect and enforce the confidentiality of this information. We respect your privacy and seek to protect the trust you place in and our site, baileystowinginc.com collectively as "Bailey's Towing Accessories". Our Privacy Policy is explained in more detail below.
1. What information does Bailey's Towing Accessories collect from our online visitors?
For those individuals who visit our site, we collect and store IP ("Internet Protocol") addresses during the visit. No individualized information is collected, and the IP address is not traced to a particular individual. Similarly, we collect information, using that IP address, about the navigational or browsing activities of our visitors. Again, that information is not tied to any name or other personally identifying information but is used solely to provide generalized demographic data, such as what geographic areas our visitors are from and visitor browsing patterns. We cannot use that data to identify you. For those who make contact with Bailey's Towing Accessories, we collect and store your name, address and email address information.2. Does Bailey's Towing Accessories use "cookies"?
" Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent such acceptance. We do not retain any individualized information as a result of our use of cookies.3. How do we use the individualized information that we collect?
We also retain your name, address and email address information in our visitor database. We use that information to respond to your inquiries and questions. We also may use that information, from time to time, to contact you. We try to limit those contacts to ones that might be of interest to you. If you would prefer not to be contacted, please notify us at the email address provided below:4. How is the information Bailey's Towing Accessories collects stored and what security procedures do we have in place to protect the confidentiality of that information?
Currently, the customer information that we maintain is stored in our contact database. We limit access to that information to those with a business need to know. As stated above, we do not under any circumstances sell or rent customer information to any outside company or organization.In fact, we will release specific information about you only if we are compelled to do so to comply with valid legal processes such as a search warrant, subpoena or court order or in the unlikely situation where we, in good faith, believe such information is necessary to prevent harm to you or others.
5. Will Bailey's Towing Accessories call me?
We may on our contact pages require users to submit their phone number. By providing your phone number, you are consenting for Bailey's Towing Accessories and all authorized representatives to contact you even if your number is listed on the Federal Do-Not-Call List. [ registry web site ]6. Will Bailey's Towing Accessories privacy policy change?
We may change or enhance our policy to improve our service to you. If we do change our policy, we will note those changes on our Web site. A message will be displayed on our home page for a period of time that a change has been made, and the change will be highlighted within the privacy policy. You are welcome to refer to this policy each time you visit our site. - Shipping & Delivery
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At this time, Bailey's Towing Accessories Inc. ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Bailey's Towing Accessories Inc. ships merchandise to additional locations upon special request, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
- Sales Tax
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Bailey’s Towing Accessories, Inc. only has nexus in the state of North Carolina & California; therefore, only collect and remit sales tax for these states. It is the purchaser’s responsibility to self-accrue and remit the use tax due on any purchase that taxes are not collected. Certain states require statements of purchase totals to the purchaser and state; Bailey’s Towing Accessories, Inc. follows these requirements.
Colorado requires the specific following statement. If the non-collecting retailer does not collect Colorado sales or use tax; The purchase is not exempt from Colorado sales or use tax merely because it is made over the Internet or by other remote means; and the State of Colorado requires that a Colorado purchaser (A) file a sales or use tax return at the end of the year reporting all of the taxable Colorado purchases that were not taxed and (B) pay tax on those purchases.
We strongly urge consumers, no matter the state, that if sales and/or use tax is not collected by Bailey’s Towing Accessories, Inc.; it the purchasers responsibility to (A) file a sales or use tax return at the end of the year reporting all of the taxable purchases that were not taxed and (B) pay tax on those purchases. Bailey’s Towing Accessories, Inc. is not the responsibility party to pay use tax in states that there is no nexus.
If purchaser provides a resale and or exempt certificate but uses or consume the tangible personal property or service themselves, you must report and pay the unpaid tax directly to the state. Any misuse of a resale certificate will result in tax liabilities and substantial penalty and interest. Bailey's Towing Accessories, Inc. is will not be held liable for misuse and or unreported tax, in any state.
- Miscellaneous
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CALIFORNIA PROPOSITION 65
The California Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65 (Prop 65), requires businesses to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone in California to a listed chemical which is known to the State of California to cause cancer, birth defects or other reproductive harm, or both. Under the regulations, Bailey's Towing Accessories, Inc. is therefore required to give notice regarding Prop 65 warnings for its products to its customers including distributors and or resellers, who in turn are required to notify their customers, including retailers, of any obligations to give Prop 65 warnings to ultimate purchasers.
Therefore, PLEASE TAKE NOTICE that Bailey's Towing Accessories, Inc. products and resale items, including but not limited to steel and plated products, may result in an exposure to Prop 65 listed chemicals. The following warning applies to Bailey's Towing Accessories, Inc.:
WARNING: This product can expose you to chemicals including Chromium (Hexavalent), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
The exposure from our products may be well within the “no significant risk” range; however, we choose to put the Proposition 65 warning label on our products to help our customers make an informed purchase decision. According to the California government, “The fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe.” To learn more visit the California Office of Environmental Health Hazard Assessment (OEHHA) Proposition 65 webpage (www.p65warnings.ca.gov).
The following categories are affected by this warning: Chain, Straps, Wire Rope, Safety, Lighting & Electrical, Gear Heads, Position Safety Locks, Loading Ramps, Electric, Hydraulics, Boydstun and Accessories.
Please feel free to contact Bailey's Towing Accessories, Inc. with any questions or for assistance.