H.J. Baker & Bro., LLC Terms of Use
Last Revised: February 9, 2017

1.  Your Acceptance

By using and/or visiting hjbaker.com, including all Content (as defined below) available through hjbaker.com and any associated content such as email feeds and RSS feeds (collectively, the “Website,” which is operated by H. J. Baker & Bro., LLC (“H. J. Baker”), you signify your assent to these terms and conditions (the “Terms of Use”).

ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH ARE PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THIS WEBSITE. ACCESSING ANY PART OF THIS WEBSITE OR ASSOCIATED CONTENT SUCH AS EMAIL FEEDS AND RSS FEEDS INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THIS WEBSITE OR ASSOCIATED CONTENT AND LEAVE THE WEBSITE IMMEDIATELY. You acknowledge (a) that you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE WEBSITE, AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. PLEASE REVIEW SECTION 15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE.

These Terms of Use were last revised on February 9, 2017. We may change these Terms of Use at any time, with or without notice to you. Please review the Terms of Use each time you visit the Website. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you, in Sections 3, 7, 8 and 9. Please review those sections (and all of the other terms) carefully.

2.  Privacy Policy and Other Governing Documents

Our Privacy Policy describes the information H. J. Baker collects when you and others use this Website. It also describes how H. J. Baker uses any personal information you share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our collection, use, and sharing of your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

In addition to the Terms of Use and Privacy Policy, your access to and use of the Website is subject to any other policies or guidelines posted by H. J. Baker.

3.  Links to and From the Website

a.      These Terms of Use apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by H. J. Baker. H. J. Baker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, H. J. Baker will not and cannot control or edit the content of any third-party site. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE H. J. BAKER FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of use of each other website that you visit.
b.      Except as you have otherwise agreed with H. J. Baker, you may link to the Website from your website, subject to the following: (1) you may not frame the Website or any portion of the Website; (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the H. J. Baker name and not any H. J. Baker logo; (4) you may not use any H. J. Baker logo in any way; (5) you may not use the link in any way that suggests that H. J. Baker is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages H. J. Baker or damages its reputation or goodwill; and (7) we may terminate your right to link to the Website at any time for any reason or no reason.

4.  Website Access/Users Who Violate Terms of Use

a.      H. J. Baker hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, download or distribute any part of the Website in any form or medium without H. J. Baker’s prior written authorization, except as permitted in Section 6 below; (iii) you will not alter, modify, or make derivative works from any part of the Website without H. J. Baker’s prior written authorization, except as permitted in Section 6 below; and (iv) you will otherwise comply with these Terms of Use.

5.  Restrictions on Use of the Website

a.      In your use of the Website, you shall not:

b.      H. J. Baker will fully cooperate with any law enforcement authorities or court order requesting or directing H. J. Baker to disclose the identity of anyone violating these Terms of Use.

6.  Intellectual Property Rights

a.      Everything you see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to H. J. Baker, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. H. J. Baker owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. H. J. Baker & Bro., LLC, the H. J. Baker Bro’s Ship Logo, PRO-LAK, PRO-PAK, METALABOLYS, H. J. BAKER’S PRO PLUS, NUTRI-PAK, and PRO-PLUS, are trademarks of H. J. Baker. The absence of any name or logo from this list does not constitute a waiver of any intellectual property rights that H. J. Baker or its affiliates may have established in such name or logo.
b.      Content on the Website is provided to you AS IS and AS AVAILABLE for your information and personal and non-commercial use only. For your personal and non-commercial use, you may view, copy, and print pages of the Website. The Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. H. J. Baker reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by H. J. Baker in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by H. J. Baker. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal and non-commercial use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

7.  Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, H. J. Baker, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR ACCESS TO OR USE THEREOF AND ANY PRODUCT OR SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, H. J. BAKER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES LINKED TO THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. H. J. BAKER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT H. J. BAKER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.

8.  Limitation of Liability

IN NO EVENT SHALL H. J. BAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS, (VII) THIRD PARTY WEBSITES, (VIII) ERRORS OR OMISSIONS IN ANY CONTENT; AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT H. J. BAKER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Any claim relating to use of the Website must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Website is controlled and offered by H. J. Baker from its facilities in the United States of America. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

9.  Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS H. J. BAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE AND (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE.

10.  Ability to Accept Terms of Use

You affirm that you are more than 18 years of age or the age of majority in our jurisdiction (whichever is greater), an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. This Website is not intended for children under 13.

11.  Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by H. J. Baker without restriction and without notice to you.

12.  Modifications to Service

We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website. You agree that H. J. Baker shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Use.

13.  Export Control

Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

14.  Governing Law

The Terms of Use, including, but not limited to, the validity, applicability or interpretation of the Terms of Use, shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Connecticut, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Use.

15.  AGREEMENT TO ARBITRATE DISPUTES

ANY DISPUTE OR CLAIM ARISING FROM OR RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF USE, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Shelton, Connecticut or the city in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT (BRIDGEPORT) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN THE FAIRFIELD COUNTY, CONNECTICUT. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you and H. J. Baker may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

16.  General

You agree that: (i) the Website shall be deemed solely based in Connecticut, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over H. J. Baker, either specific or general, in jurisdictions other than Connecticut. These Terms of Use and any other legal notices published by H. J. Baker on the Website, shall constitute the entire agreement between you and H. J. Baker concerning the Website. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and H. J. Baker’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. H. J. Baker reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

17.  Questions

If you have questions, please contact H. J. Baker by emailing us at legal@hjbaker.com or at 2 Corporate Drive Suite 545, Shelton, CT 06484 USA