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Terms of Service for Baja123.com

Last Updated: October 3, 2024

Welcome to Baja123.com. By accessing and using our website, you agree to be bound by the following Terms of Service (“ToS”). Please read them carefully.

1. Acceptance of Terms

By using Baja123.com, you acknowledge that you have read, understood, and agree to be bound by these ToS and our Privacy Policy. Continued use of the site constitutes acceptance of these terms and any future amendments.

2. User Accounts

  • Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify Baja123.com immediately of any unauthorized use of your account at Privacy@baja123.com.
  • Accurate Information: You agree to provide accurate, current, and complete information during registration.
  • Security Measures: Baja123.com is not liable for any loss resulting from unauthorized access due to your failure to secure your account.
  • Account Termination: We reserve the right to suspend or terminate your account at our discretion.

3. Purchases and Subscriptions

  • Payments: All payments are processed through secure payment gateways. You agree to provide accurate billing information.
  • Refund Policy:
    • Digital Products: All sales of digital products are final. No refunds will be issued once access is granted.
  • Cancellation Terms:
    • Process: To cancel a subscription, log into your account and follow the cancellation instructions.
    • Notice Period: Cancellations must be made at least 72 hours before the renewal date to avoid being charged for the next billing cycle.
  • Auto-Renewal Disclosure: Subscriptions auto-renew unless canceled. You are responsible for canceling before the renewal date.

4. Free Trials

  • User Notification: You will receive a reminder email at least seven days before your free trial ends.
  • Cancellation Instructions: To avoid charges, cancel your trial by following the steps outlined in your account settings before the trial concludes.

5. Ownership and Intellectual Property

  • License Grant: We grant you a limited, non-exclusive, non-transferable license to access and use Baja123.com for personal, non-commercial purposes.
  • Restrictions: You may not copy, distribute, modify, or create derivative works from our content without prior written consent.
  • Prohibited Actions: Unauthorized use of any content may violate copyright laws and result in legal action.

6. User Feedback and Submissions

  • Rights Clarification:
    • License Scope: By submitting feedback or content, you grant Baja123.com a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, and distribute your submissions.
    • Warranty: You warrant that your submissions do not infringe on any third-party rights.
    • Moral Rights Waiver: You waive any moral rights you may have in your submissions.

7. SMS Communication and Consent

  • Legal Compliance: In accordance with the Telephone Consumer Protection Act (TCPA), by providing your phone number and giving express written consent, you agree to receive SMS messages from Baja123.com.
  • Opt-Out Mechanism: You may opt-out of SMS communications at any time by replying “STOP” to any message or adjusting your account settings.

8. Prohibited Conduct

You agree not to engage in activities that include, but are not limited to:

  • Security Violations: Uploading malicious code, viruses, or any other harmful software.
  • Data Harvesting: Collecting personal data about other users without their consent.
  • Impersonation: Misrepresenting your affiliation with any person or entity.
  • Unauthorized Access: Attempting to gain unauthorized access to any portion of the site.

9. Disclaimer of Warranties

  • Comprehensive Scope: Baja123.com is provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
  • Information Accuracy: While we strive for accuracy, we do not guarantee that the content is complete, reliable, or error-free.

10. Limitation of Liability

  • Maximum Liability: To the fullest extent permitted by law, Baja123.com’s total liability to you for any claims arising from these ToS or your use of the site is limited to the amount you have paid us in the last 12 months.
  • Extent of Law: Some jurisdictions do not allow the exclusion of certain warranties or limitations, so some disclaimers may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Baja123.com, its affiliates, officers, agents, and employees from any claims, liabilities, damages, or expenses arising from your breach of these ToS or misuse of the site.

12. Changes to Terms of Service

  • Notification Procedure: We may update these Terms of Service from time to time. Changes become effective immediately upon posting. While we may provide notice of significant changes, it is your responsibility to review these Terms periodically for any updates. Your continued use of Baja123.com after any changes signifies your acceptance of the updated Terms.
  • Acceptance of Changes: Continued use of Baja123.com after changes have been made constitutes your acceptance of the new terms.

13. Governing Law and Dispute Resolution

  • Jurisdiction: These ToS are governed by the laws of the State of Wyoming, USA, without regard to its conflict of law principles.
  • Arbitration Clause: Any disputes arising out of or relating to these ToS will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
  • Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in a class action lawsuit.

14. Severability

If any provision of these ToS is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Entire Agreement

These ToS, along with our Privacy Policy, constitute the entire agreement between you and Baja123.com, superseding all prior agreements.

16. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us:

  • Email: privacy@baja123.com
  • Mailing Address: Baja123.com
    4492 Camino de la Plaza
    #555
    San Diego, CA 92173
    USA

17. Referral Rewards and Affiliate Program

17.1 Eligibility

  • User Qualification: To participate in the Referral Rewards or Affiliate Program, you must be at least 18 years old and have an active account in good standing with Baja123.com.
  • Acceptance: Participation in the Program constitutes full and unconditional agreement to these Terms of Service and any additional terms and conditions specific to the Program.

17.2 Program Participation

  • Referral Links: Upon acceptance into the Program, you will be provided with a unique referral or affiliate link to share with others.
  • Commission Structure: You may earn commissions or rewards for qualifying purchases or actions made by users who access Baja123.com through your referral link.
  • Tracking: We use cookies and other tracking technologies to attribute referrals to your account. Users must have cookies enabled for tracking to work effectively.

17.3 Payout Terms

  • Commission Rates: Commission rates and reward structures are outlined in your affiliate dashboard or provided documentation. Baja123.com reserves the right to modify commission rates at any time.
  • Payment Schedule: Payments are issued monthly, provided the minimum payout threshold (e.g., $50) is met. Balances below the threshold will roll over to the next month.
  • Payment Method: Payments are made via PayPal, Wise, Mercury or other approved methods. You are responsible for providing accurate payment information.

17.4 Prohibited Activities

  • Spam and Unsolicited Communication: You may not engage in spam, unsolicited emails, or other forms of mass communication to promote your referral link.
  • Trademark Bidding: Bidding on Baja123.com trademarks or branded terms in any pay-per-click advertising is prohibited.
  • Misrepresentation: You must not misrepresent Baja123.com or provide misleading information to potential referrals.
  • Cookie Stuffing: Any form of cookie stuffing or forced clicks is strictly prohibited.

17.5 Termination and Suspension

  • Right to Terminate: Baja123.com reserves the right to suspend or terminate your participation in the Program at any time for any reason, including violation of these Terms.
  • Forfeiture of Commissions: In the event of termination due to breach of these Terms, any unpaid commissions may be forfeited.

17.6 Disclaimers

  • No Employment Relationship: Participation in the Program does not create an employment or agency relationship between you and Baja123.com.
  • Tax Obligations: You are responsible for any tax obligations arising from commissions or rewards received.

18. Advertising Agreement

For businesses or individuals interested in advertising on Baja123.com, please review our Advertising Agreement, which governs all advertising services. By entering into advertising services with us, you agree to the terms outlined in that agreement.