Terms of Use

Bailey International, LLC, Bailey Manufacturing, LP, Maxim Hydraulics Private Limited, and their respective parent companies, subsidiaries, and affiliates (collectively, “Bailey,” “we,” “us,” or “our”) have created Terms of Use of Online Services (“Terms”) governing our provision of products and services online. Our Privacy Policy is available here (“Privacy Policy”) and is incorporated into these Terms by reference, as if fully restated herein.

Our website includes the webpages, content, and functionality that are available via the “baileyhydraulics.com” domain, which may be accessed via your web browser at www.BaileyHydraulics.com (or any successor thereto) (collectively, the “Website”). We may also offer one or more Bailey mobile applications from time to time (collectively, “Mobile App”). The Website and Mobile App are referred to herein collectively as the “Services.”

These Terms constitute a binding agreement between Bailey and you, a visitor or user of the Services, along with any entity and or other person that you represent (collectively, “you” and “your”). If you are using or accessing the Services on behalf of any entity or other person, you represent and warrant that you are authorized by such entity or other person to accept these Terms on such entity’s or other person’s behalf.

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services.

BY CONTINUING TO VIEW AND/OR ACCESS THE SERVICES, YOU AGREE TO THESE TERMS AS A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND US. IF YOU DO NOT CONSENT TO OR AGREE WITH ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING THE SERVICES.

Accounts

When you register for or create an online account with us (“Account”), you represent, warrant, and guarantee that you are above the age of eighteen (18) years, and that all of the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your Account along with any username and/or password that we may assign to you (collectively, “Credentials”), and are prohibited from sharing your Credentials with any third party.

YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS BY PERSONS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT. FURTHERMORE, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR CREDENTIALS. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account, Credentials, or the Services. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Services for you and other users.

Termination

You may request the termination of your Account by emailing [email protected]. Please allow no fewer than thirty (30) days for our response to your request. We reserve the right to retain a copy of any and all information associated with your account in our sole discretion, and according to any and all applicable laws and regulations.

We may terminate or suspend your Account and prevent access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms, the Privacy Policy, or our Terms and Conditions (defined below).

Ownership

The Services and related content and materials are the property of Bailey or its licensors, and are protected under applicable intellectual property and other laws, including, without limitation, under applicable copyright and trademark laws and international conventions. Except as explicitly provided by Bailey, we prohibit and you agree not to: display, reproduce, distribute, modify, create derivative works from, or otherwise exploit the Services, in violation of our property rights. Automated means, including, without limitation, scrapers and spiders, may not be used to collect and/or index any content of the Services. By using the Services, you agree not to: (i) reproduce, (ii) store a significant portion of, (iii) distribute copies of, (iv) frame content of, or (v) display or otherwise use, materials, content, Services, or any other intellectual property from or by means of the Services, without the prior written consent of Bailey.

Products and Services

All provision of products and services by Bailey are subject to our Terms and Conditions available here (the “Terms and Conditions”), which are incorporated herein by reference as if fully restated herein.

We do not warrant that product descriptions, pricing, or other information available via the Services is wholly accurate, complete, reliable, current, or error-free.

The prices for products displayed via the Services are subject to change at any time without notice. The prices displayed may not include all associated fees and charges, including any applicable taxes or shipping and handling, which you may owe at the time of purchase. Not all products displayed via the Services may be available to your location.

User-generated Content

The Services may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, photos, audio, or other material (“Content”) via the Services. You are responsible for the Content that you post on or through the Services, including its legality, reliability, accuracy, and appropriateness.

By providing Content on or through the Services, you represent and warrant that: (i) such Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights provided for herein, and (ii) that the provision of such Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to immediately terminate, without notice, the Account of anyone found to be infringing on a copyright. Additionally, by providing Content, you expressly consent to our ownership of such Content and our use of it for marketing purposes consistent with our Privacy Policy.

Content that you do not provide to us that is found on or through the Services is owned by us or is used with permission. You may not copy, distribute, sell, publish, or otherwise use said Content, whether in whole or in part, for commercial purposes or for personal gain, without our written permission in advance.

We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. You are solely responsible for the security and privacy of any Content that you disclose, download, or copy using or from the Services. However, we have the right but not the obligation to monitor, edit, or remove any and all Content provided by you or any other party for any reason. We also have the right to use, copy, and share any Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Services.

Public Forums Guidelines

You may voluntarily disclose Content in certain areas of the Services that are either publicly accessible or accessible to other users of the Services (“Public”), which is not required for us to provide products or other paid services to you. Due to the nature of these Public areas of the Services, including, without limitation, comment boxes, feedback, online survey results, contests, and interfaces with third party media sites, including social media sites, any information that you disclose will become accessible to the Public. Bailey generally allows you to post reviews via the Services. However, Bailey may provide some of the other Public features referred to in this section from time to time, which are also governed by these Terms.

You agree not to provide any Content, without regard to format, that is illegal, profane, inflammatory, or unrelated to our business. We reserve the rights to refuse to display and to edit or remove content that, in our opinion, may frustrate our marketing efforts.

Third Party Websites and Services

The Services may contain links to third party websites or services that we do not own or control. YOUR ACCESS OR USE OF THIRD PARTY WEBSITES AND/OR SERVICES IS AT YOUR OWN RISK.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not make any warranties regarding the offerings or actions of any of these entities or individuals or their websites or other services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such third party websites or services.

We strongly advise you to familiarize yourself with the terms and conditions and privacy policies of any third party websites or services that you visit.

International Use of Services

The Services employ Secure Socket Layer and/or Transport Layer Security encryption during transmission of certain information, including, without limitation, payment information. You represent and warrant that you will not access or use the Services in violation of any law, rule, or regulation, including, without limitation, any United States law or regulation related to export and/or re-export control. You represent and warrant that you are in full compliance with all such laws, rules, and regulations, in addition to any and all laws, rules, and regulations of any and all other applicable jurisdictions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR COMPLYING WITH THE LAWS OF THE UNITED STATES AND THE LAWS OF THE JURISDICTIONS WHERE YOU ARE LOCATED AND FROM WHICH YOU ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, U.S. EXPORT AND RE-EXPORT LAWS, RULES, AND REGULATIONS.

Customer Support and Compatibility

It is your responsibility to select, acquire, and maintain your own devices and software that are compatible with the Services.

However, we may, in our sole discretion, provide customer support as a convenience to you. However, we reserve the right to cease providing or charge a reasonable fee for customer support, upon our determination that your use of our customer support services is excessive.

Malicious Software

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. We cannot and do not warrant that the Services are compatible with your computer and network systems and/or other devices used to access the Services (collectively, “Devices”), or that the Services will be provided free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties (collectively, “Malware”). You are responsible for implementing safeguards to protect the integrity, availability, and confidentiality of your Devices used to access the Services, and all associated information stored thereon, and you are responsible for the entire cost of any investigations, services, replacement, and repairs of and to your Devices and/or any information stored thereon that may be necessary as a result of your use of the Services.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BAILEY AND ITS RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, COSTS AND EXPENSES), RESULTING FROM OR ARISING OUT OF: (A) ANY USE OR ACCESS OF THE SERVICES BY YOU OR ANY PERSON USING YOUR ACCOUNT OR CREDENTIALS OR (B) A BREACH OF THESE TERMS.

Limitation of Liability

IN NO EVENT SHALL BAILEY, OR ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS TO OR FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR COURSE OF PERFORMANCE. WE EXPRESSLY DISCLAIM ANY GUARANTEES OR WARRANTIES RELATED TO THE AVAILABILITY, INTEGRITY, SECURITY, AND/OR CONFIDENTIALITY OF THE SERVICES.

BAILEY DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY, OR CONFIDENTIALLY, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS IN ANY SERVICES WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF MALWARE (AS DEFINED HEREIN); OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Assignment

We may transfer or assign any of our rights and obligations under these Terms; however, you may not transfer or assign any of your rights or obligations under these Terms without our express, written consent.

Governing Law and Venue

These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in the State of Tennessee in connection with respect to any and all suits, actions, or other proceedings arising out of or in connection with the Services. If you have violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages that we may have. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees.

No Waiver; Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

Third Parties

These Terms govern your interactions with us and shall not be construed as giving rights or obligations to third parties.

Survival

All provisions of the Terms which by their nature should reasonably survive termination, cancellation, or recession of the Services, your Account, these Terms, the Privacy Policy, the Terms and Conditions (collectively, “Termination”) shall survive Termination, including, without limitation, provisions related to international use of services, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes

We reserve the right to revise the Terms at any time without notice. The Terms posted at any time or from time to time via the Website shall be deemed to be the Terms then in effect. Consequently, you should review the Terms periodically. By continuing to use any of our Services following the posting of any revisions, you expressly accept and agree to abide by the provisions set forth in the current Terms.

We may elect to notify you, in our sole discretion, about significant revisions to the Terms by sending a notice to the primary email address associated with your Bailey primary account holder account or by placing a prominent notice via the Services. You must sign in to your account regularly to receive these and other important announcements.

BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.
Questions and Information
If you have any questions about these Terms or our implementation of them, you may contact us by sending an email to [email protected].

These Terms of Use of Online Services were last updated and became effective on August 15, 2018.