Terms of Service
TERMS OF SERVICE
IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE GOODS AND SERVICES AVAILABLE FOR SALE THROUGH THE SERVICE.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND REQUIRE YOU TO RESOLVE ANY DISPUTES OR CLAIMS YOU HAVE AGAINST US THROUGH BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ALSO WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY CLAIM HEARD BY A JUDGE OR JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR ANY TYPE OF REPRESENTATIVE ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.
THESE TERMS ALSO COVER YOUR AGREEMENT TO GRANT US RIGHTS TO YOUR CONTENT (AS DEFINED BELOW), OUR LIMITATION OF LIABILITY TO YOU AND, IF YOU CHOOSE TO PROVIDE US WITH YOUR PHONE NUMBER, YOUR AGREEMENT TO RECEIVE CALLS AND TEXT MESSAGES FROM US IN ACCORDANCE WITH APPLICABLE LAW.
1. OVERVIEW
These Terms of Service (the “Terms” or the “Agreement”) set forth the binding legal agreement between you and ABCO Laboratories, Inc. (“ABCO Laboratories”). These Terms govern your use of www.bahkoochee.com and all the related websites, mobile apps, products, services and programs (including, the release of new tools, resources, features and/or services offered by ABCO Laboratories (collectively, the “Site”). The Site is operated by ABCO Laboratories, referred to throughout these Terms as “we”, “us” and “our.” ABCO Laboratories offers this Site, including all information, tools and services available from this Site to you conditioned upon your acceptance of these Terms.
Please read these Terms carefully before accessing or using our Site. By accessing the Site, including by viewing or purchasing products from us or any other transactions, communications or dealings with us, you engage in our “Services” and agree to be bound by these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink on the Site. These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content, such as reviews and sweepstakes entries.
You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit for profit the content of the Site. You may not use our Site for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
If you do not agree to all the terms and conditions of this Agreement, then you should not use the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools that we subsequently add to the Site also shall be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms at any time by posting updates and/or changes on our Site. It is your responsibility to check this page periodically for updates and changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of changes to the Terms.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
2. PRODUCTS, PRICING, PAYMENT AND PROMOTIONS
Certain products or services may be available exclusively online through the Site. Some products or services may be offered in limited quantities, for limited duration, at special pricing for a limited period time or may be designated as subject to exceptions to our return or exchange policy. We reserve the right to discontinue any product or service at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Site or Services or any products. Any offer for any product or service made on this Site is void where prohibited.
We endeavor to display on the Site as accurately as possible the colors and images of our products, but the display on your device may vary from the actual colors of the products. The Products displayed on the Site can be ordered and delivered only within the United States. See the Shipping Information section of the Site for more information. Merchandise displayed on our Site is available while supplies last. Third-Party Retailers may not offer the full range of our products.
Please note that excessive abuse or misuse of promotional codes and other promotions may result in our cancellation of orders or items. In order to allow fair redemption and distribution of promotions to our registered account holders, we may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or modification at any time for any reason.
3. ORDER ACCEPTANCE AND BILLING INFORMATION
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in our cancellation of your order. Prior to accepting an order, we reserve the right to request additional information from you to verify your identity and validate the billing information to process your order.
We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other form of payment) has been charged, we will issue a credit to your credit card (or other applicable form of payment) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
You agree to pay for the item(s) in your order and acknowledge that you will be charged at the time your order is placed
The products and Services on the Site are intended for personal, non-commercial purposes only. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to refuse to fulfill orders if in our sole discretion we believe any purchases are intended for resale. ABCO Laboratories also reserves the right in its sole discretion to limit the quantity of merchandise purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. Whenever we determine in our sole discretion that such limits should be applied to an order you have placed, we may attempt to notify you by contacting the email and/or billing address/phone number you provided at the time the order was made.
ABCO Laboratories reserves the right to refuse or cancel any order for any reason, and we will endeavor to contact you if we cancel your order.:
If ABCO Laboratories declines your order, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the merchandise on the correct terms once the information in the order is validated. If we do not receive a response from you within seven days, ABCO Laboratories may cancel the order.
By placing an order on our Site, you understand and agree that you are authorizing us or our third-party credit card processor or service provider to charge your card or other authorized payment method. For any product or service that you order on the Site, you agree to pay the applicable price (including any sales taxes, shipping and handling fees and surcharges) as of the time you submit the order. Your credit card or other form of payment submitted as part of the order process will be charged for the items you purchased.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
4. LINKS TO EXTERNAL SITES
We may provide you with links or buttons to access third-party websites or apps, such as Instagram (“External Apps”). Please note that we neither monitor nor have any control or input over External Apps.
You acknowledge and agree that we provide access to External Apps “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of External Apps. Any use by you of External Apps offered through the Site is entirely at your own risk and discretion. Use of External Apps is governed by their own terms of use, and you should ensure that you are familiar with and approve of the terms on which External Apps are provided by the relevant third-party provider(s).
5. THIRD-PARTY RETAILERS
In addition to selling BAH KOO CHEE, a ABCO Laboratories brand, merchandise directly to you on our Site, some of our products are available for retail purchase through trusted retailers, both in-store and online (collectively, the “Third-Party Retailers”).
Pricing for merchandise on our Site may differ from prices available through Third-Party Retailers. We are not responsible for the availability of, or the content located on or through, any Third-Party Retailers, and we do not warrant and will not have any liability or responsibility for any third-party materials or Third-Party Retailers, or for any other materials, products, or services of third parties. Nevertheless, if you have any concerns regarding the content provided by such Third-Party Retailers, please contact us at info@bahkoochee.com with “Third-Party Retailer” in the subject field.
We are not liable for any harm or damages you may incur arising from or related to your purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Retailers. Please carefully review the policies and practices of the Third-Party Retailers, and make sure you understand them before you engage in any transaction with such Third-Party Retailers.
6. USER REVIEWS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome your input, and if you submit a review on the Site, you understand that your reviews and comments (collectively, “Reviews”) will be publicly displayed along with your first name and last initial and age range. You agree that your Reviews will be accurate, constructive and not misleading and will not violate any rights of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your Reviews will not contain libelous or otherwise unlawful, abusive, offensive or obscene material (as determined in our sole discretion), or contain any computer virus or other malware that could in any way affect the operation of the Site or Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Reviews. You are solely responsible for any Reviews you make and their accuracy. We take no responsibility and assume no liability for any Reviews posted by you or any third party. We reserve the right to edit all Reviews for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Review is not materially altered, and to remove Reviews that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property rights or these Terms. By submitting a Review to BAH KOO CHEE, a ABCO Laboratories brand, you hereby grant us the unrestricted right to use your Review in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Review by indicating your first name, last initial, city and/or state, age range and other information provided in the Review. By posting a Review, you also consent to our customer service department contacting you in order to improve our product quality and service.
In addition, there may be instances where we request that you post Reviews on the Site or post on our social media accounts, such as Instagram, in order to obtain entry in a sweepstakes or contest we sponsor. Please note that such submissions as well as any unsolicited submissions you send us (collectively, “Submissions”) with creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise shall become the property of ABCO Laboratories, and you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Reviews or Submissions that you send us. We are and shall be under no obligation (1) to maintain any Reviews or Submissions in confidence; (2) to pay compensation for any Review or Submissions; or (3) to respond to any Reviews or Submissions.
7. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Site (collectively, the “IP”) are owned, controlled or licensed by ABCO Laboratories or its affiliates and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Site for your personal, non-commercial use only; provided, however, that (1) the materials retain all copyright, trademark or other proprietary designations contained on all IP; (2) you do not modify or alter the IP in any way; and (3) you do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Site or any related software. All software used on our Site is the property of ABCO Laboratories or its suppliers or licensors and protected by U.S. and international copyright laws. The IP and software on our Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Site is the exclusive property of ABCO Laboratories and is also protected by U.S. and international copyright laws.
The trademark and service mark BAH KOO CHEE and the bahkoochee.com domain name and all other graphics, logos, page headers, button icons, scripts, product names and service names included in or made available through our Site and Services are trademarks, service marks or trade dress or otherwise the exclusive property of ABCO Laboratories in the United States and other countries.
8. PERSONAL INFORMATION
Your submission of personal information to us through the Site or Services, including online, electronic and other communications with us is governed by our Privacy Policy.
9. SHIPPING POLICY
We currently ship everywhere within the USA, including Alaska, Hawaii, and Puerto Rico. Please allow an extra 7-10 business days for orders to Hawaii and Alaska, and 2-4 weeks for orders to Puerto Rico.
Orders are processed and shipped within 1-3 business days, including expedited orders. We do not ship on weekends or federal holidays. If you place your order on Saturday or Sunday, processing starts the following Monday. Orders sent by standard shipping are typically delivered within 7 business days from when they’re processed.
We don’t currently ship anywhere else yet (coming soon!). If you are in need of our products outside of the U.S. and would like a special order, please contact us at info@bahkoochee.com
10. RIGHT TO REMEDY ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information on our Site or in the Services is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders and, if applicable, refund any payments, at any time without prior notice (including after you have submitted your order).
11. PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms or any other type of malicious or destructive code, malware or ransomware that will or may be used in any way that will affect the functionality or operation of the Site or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services or any contact on any website through which the Services are provided, without express written permission by us.
We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.
12. DISCLAIMER OF WARRANTIES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms or any other type of malicious or destructive code, malware or ransomware that will or may be used in any way that will affect the functionality or operation of the Site or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.
13. LIMITATION OF LIABILITY
THE SITE AND SERVICES ARE PROVIDED BY ABCO LABORATORIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABCO LABORATORIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE AND SERVICES, THAT YOUR USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK. ABCO LABORATORIES DOES NOT WARRANT THAT YOUR USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE AND SERVICES, INCLUDING THE SERVER, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ABCO LABORATORIES, ITS AFFILIATED AND RELATED ENTITIES, AND ITS VENDORS OR CONTENT PROVIDERS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE SITE OR SERVICES.
IN NO CASE SHALL ABCO LABORATORIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, SERVICES, CONTENT OR ANY PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
ABCO LABORATORIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE AND SERVICES OR ANY MATERIALS FEATURED ON THE SITE AND SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless ABCO Laboratories, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your misuse of the Site or Services; (b) your violation of these Terms; or (c) your breach of your representations and warranties set forth above regarding Reviews; (d) your violation of any applicable law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Reviews you submitted caused damage to a third party.
15. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. WAIVER
No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms. Waivers must be made in writing and executed by an authorized representative of the waiving party. The waiver of any breach of any provision of these Terms does not waive any other breach or constitute a further or continuing waiver of any subsequent breach or default. The failure to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of our right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.
17. TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole discretion we believe you have failed to comply with these Terms or applicable law, we may terminate your access to the Site and the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Notwithstanding termination of your access to the Site and the Services, the Arbitration Agreement incorporated in these Terms shall survive termination.
18. ENTIRE AGREEMENT
These Terms and any policies or operating rules incorporated by reference or posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
19. DISPUTE RESOLUTION; ARBITRATION REQUIREMENT; CLASS ACTION WAIVER; JURY WAIVER: PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAW SUIT
By using this Site or the Services, including to make any purchases or for any transactions, communications or dealings with us, you agree that any and all past, present, and future disputes or claims that have arisen or may arise between you and us arising out of or relating in any way to our Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory (collectively, “Claims”), shall be resolved exclusively through binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify and so long as the matter remains in small claims court and proceeds only on an individual (non-class, non-representative) basis. Arbitration is more informal than a lawsuit in in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts under the U.S. Federal Arbitration Act (“FAA”). Use of a neutral arbitrator is designed to provide you and us with a fair proceeding before a neutral decision maker. Arbitrators may award the same damages and relief that a court may award, and judgment on any such award may be entered in any court of competent jurisdiction. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREE THAT BY ACCEPTING THESE TERMS OF USE AND THE ARBITRATION PROVISIONS HEREIN, THE FAA WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND ABCO LABORATORIES AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ABCO LABORATORIES ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE BETWEEN US. YOU AND ABCO LABORATORIES ALSO AGREE THAT ANY ARBITRATION CONDUCTED HEREUNDER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE BROUGHT OR PROCEED ON BEHALF OF A CLASS OR IN A REPRESENTATIVE CAPACITY. The meaning of “Claims” is to be interpreted to have the broadest possible meaning permitted by law, and will only be modified to the extent necessary to be legal, binding and no longer in conflict with any law. For example only, Claims also include billing disputes, claims involving or relating to Messaging, direct marketing, advertisements or electronic communications that you claim you received from ABCO Laboratories and/or a party acting on our behalf or any actions or other controversies in connection with our Privacy Policy or these Terms.
Mandatory Informal Dispute Resolution: If you wish to pursue a Claim against us, you agree to first send a detailed notice (“Dispute Notice”) to us by: (1) email at info@bahkoochee.com and (2) first class, certified mail addressed to ABCO c/o BAH KOO CHEE, 2450 S. Watney Way, Fairfield, CA 94533. Your Dispute Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for us to identify any transaction, product, or service at issue (e.g., order number, date, etc.); (4) a detailed description of the nature and basis of your Claim, the relief you are seeking and a calculation of any monetary relief sought as part of the Claim, and (5) your electronic signature. Your Dispute Notice must be individualized, meaning it can concern only your Claims and no other person’s. If ABCO Laboratories has a Claim against you, we agree to first send a detailed Dispute Notice to your email address listed in your account or via any other contact information you have made available to us. Our Dispute Notice will likewise set forth: (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of the basis for our Claim and the relief we are seeking.
You and we agree to negotiate in good faith regarding the Claim in a Dispute Notice in an effort to swiftly resolve it without the need for a formal proceeding. If requested by us, you and we agree to meet and confer, either personally or via videoconference, in a good-faith effort to resolve any Claim. For the sake of clarification only, this conference shall be individualized. Multiple individuals initiating Claims cannot participate in the same informal dispute resolution conference, unless mutually agreed by the parties. If you are represented by counsel, your counsel may participate in the conference alongside you. We are optimistic this process should result in resolution of the Claim, but, if it is not resolved within 60 days after receipt of a fully completed Dispute Notice and the parties have not agreed to extend this time period, you or we may initiate formal arbitration. You and ABCO Laboratories agree that compliance with and completion of this mandatory informal dispute resolution is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not move forward with the administration of any Claim upon written notice from a party that the other party has not complied with the informal process. A court shall have the authority to enjoin any arbitration proceeding that is filed prior to first providing a fully completed Dispute Notice and participating in good faith in this informal dispute resolution process.
If we are not able to resolve the Claim informally, then the below provisions will govern the further resolution of any Claims.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified by AAA’s Consumer Arbitration Rules available at www.adr.org. The demand must describe the nature and basis for the Claim and include all of the information required in the Dispute Notice. The arbitrator will be selected in accordance with the AAA’s Consumer Arbitration Rules.
Arbitration Administration and Rules. The arbitration will be conducted by the AAA in accordance with its Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. This agreement to arbitrate is intended to be broadly interpreted. In the event of any question as to whether a particular issue must be arbitrated, you agree to delegate the question of whether a particular issue or dispute is arbitrable to the sole discretion of the arbitrator. The FAA governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator, and not any federal, state or local court, agency or other authority, will have the exclusive authority to resolve any and all Claims, including issues relating to the scope, interpretation, applicability and enforceability of this agreement to arbitrate. If any court or arbitrator determines that this class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant Claim will not be subject to arbitration and must be litigated in federal court located in the Eastern District of California, without regard to any principles of conflict of laws. The agreement to arbitrate and class action waiver also apply to any Claims you assert against us, our parent, or any affiliated companies.
Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees are set forth in AAA’s Consumer Arbitration Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and AAA’s Consumer Arbitration Rules.
Waiver of Jury Trial: By agreeing to have all claims and disputes resolved by binding arbitration, you hereby waive your constitutional and statutory right to have any disputes addressed in court by a judge or a jury. Should it become necessary to seek state or federal court intervention regarding an arbitration award or otherwise in any court, you hereby agree for such matters to be heard exclusively by a judge and WAIVE ALL RIGHTS TO A JURY TRIAL.
20. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of California without consideration of its conflict of law principles.
21. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site and the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
22. CONTACT INFORMATION
If you have any questions about these Terms or your use of the Site or Services, email us at info@bahkoochee.com
Last updated 2/11/2025