2.   Copyright
All content included on this Web site, including but not limited to text, graphics, logos, button icons, images, digital downloads, data compilations, software, HTML code, XML code, and icons, is the property of The Bajan Group, Inc. or its content suppliers, and is protected by United States and International copyright laws. The compilation of all content on this Web site is the exclusive property of The Bajan Group, Inc. and is protected by United States and International copyright laws. All software used on this Web site is the property of The Bajan Group, Inc. or its software suppliers and is protected by United States and International copyright laws.

3.   License and Site Access
The Bajan Group, Inc. grants you a limited, nonexclusive, revocable and non-transferable license to access and make personal use of this Web site and not to download (other than page caching), or modify it, or any portion of it, except with express written consent of The Bajan Group, Inc.. This license does not include any resale or commercial use of this Web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another vendor, reseller or merchant; or any use of data mining, robots, or other similar data gathering and extraction tools. This Web site or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Bajan Group, Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Bajan Group, Inc., our affiliates, or the Web site without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Bajan Group, Inc.’s name or trademarks without express written consent.

All information on this Web site is confidential. You agree not to disclose to any third parties any information on this Web site including, but not limited to price lists, product inventory, and supply. Any unauthorized use by you or on your behalf terminates the permission or license granted to you by The Bajan Group, Inc.. You are granted a limited, revocable, and a nonexclusive right to create a hyperlink to the home page of The Bajan Group, Inc., so long as the link does not portray The Bajan Group, Inc., its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any intellectual property, proprietary graphic, or trademark of The Bajan Group, Inc. as part of the link without express written consent.

4.   Your Account-Passwords and Security
You must choose an account name and password ("your Web site Password"), to enable you to use the services on this Web site. You are solely responsible for maintaining the secrecy of your account name and your Web site Password and/or any account information in connection with the use of the Web site, and for restricting access to your computers. You are fully and solely responsible for all activities that occur under your account or your Web site Password, and you agree to notify The Bajan Group, Inc. immediately of any unauthorized use of your account or your Web site Password.

You will not keep your Web site Password in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person other than you. You are solely responsible for any loss caused by use of your Web site Password by you or any other person. You are responsible for any transactions performed using your Web site Password, including any use not approved or contemplated by you.

You must immediately notify The Bajan Group, Inc. if you know that your Web site Password has been compromised or become known to a third party, or if you know of any unauthorized use of your Web site Password. In these circumstances, you must contact The Bajan Group, Inc. immediately to change your Web site Password. The Bajan Group, Inc. is not responsible for the loss of any data or other material that occurs as a result of such unauthorized use.

If, during any session in which you are connected to any of the services provided on the Web site, there is period of 60 minutes or more in which you do not use the service, you may be automatically disconnected from the service. The Bajan Group, Inc. is not responsible for the loss of any data or other material that occurs as a result of such disconnection.

5.   Account and/or Credit Limit
You agree to furnish The Bajan Group, Inc. with all pertinent financial and other information that may be requested of you, including but not necessarily limited to, a credit application, banking and financial institution information, and trade references to either establish a business account or to continue the same. You agree that The Bajan Group, Inc. and its agents, shall have the right to verify the information you provide from time to time, including requiring you to provide updated financial or other information, including, but not necessarily limited to, a statement of your corporate officers or directors, members, managing agents, or partners if applicable. By using this Web site, you acknowledge the following: (1) The Bajan Group, Inc. shall have the right to extend or decline credit to you and may require you to pay any purchase price prior to release, shipment, or delivery; (2) The Bajan Group, Inc., without notice, may revoke, suspend, or change your credit limit based on your payment record, a modification of The Bajan Group, Inc.’s credit policies, or your financial condition; (3) on any unpaid balances due, The Bajan Group, Inc. may charge an amount up to the maximum interest fee per month allowed by law from the date an invoice becomes due; and (4) if you fail to pay timely on any invoice due and owing, then The Bajan Group, Inc. shall have the right to revoke any credit extended, to refuse, cancel, or delay the delivery or shipment of future orders and purchases, and to cancel any discounts offered. By using this Web site, you agree to pay The Bajan Group, Inc. the costs and expenses it incurs, including attorneys’ fees, to enforce its rights under these Terms and Conditions, and as to any transaction conducted on this site.

6.   Placing Orders
You must have a valid account number that must be in good standing with The Bajan Group, Inc.. When using this Web site to place an order, or to release product to you, you must supply, and are solely responsible for, the correct and complete information of the product, which includes: (1) a description of the product, including any specific identification numbers used by The Bajan Group, Inc.; (2) quantity; (3) price; and (4) shipping address(es). You are solely responsible to provide correct and accurate shipping address(es), as The Bajan Group, Inc. does not accept any responsibility or liability for any and all shipments or deliveries placed online by you which are shipped or delivered to an incorrect address(es) that you supply.

7.   Confirmation of Orders
Confirmation of an online order shall be made within a period of ____ hours by The Bajan Group, Inc.. The Bajan Group, Inc. reserves the right to refuse or cancel any online order placed by you. You agree to honor any and all online orders placed with The Bajan Group, Inc.’s Web site, without claim of offset.

8.   Shipment and Delivery
Shipping or delivery costs are in addition to the product purchase price and other applicable charges, and will be billed to you at the time of shipping or delivery. All shipments or deliveries shall be made FOB The Bajan Group, Inc., and title shall transfer to you upon delivery of a product shipment by The Bajan Group, Inc. to a common carrier. The Bajan Group, Inc., reserves the right to assess additional charges or costs (including C.O.D. fees), in unusual circumstances.

Upon your receipt of a product shipment, you shall inspect and verify any product and promptly notify The Bajan Group, Inc., with particularity, of any non-conforming, damaged or defective products within ten (10) days of your receipt. Your failure to give such notice shall be deemed a waiver of any defect and an acceptance of the product shipment and/or delivery.

You shall bear all risks of loss in transit where you request special shipping or delivery instructions, and you are responsible for filing any claim or claims with the carrier, including freight and handling costs.

9.   Taxes
You shall file with The Bajan Group, Inc., prior to placing any order or purchase, any license or permits, including exemption certificates, that may be required by taxing authorities. You will be solely responsible for all federal, state, county, municipal and other government taxes or charges that relate to your transaction on the Web site.

10.   No Warranties or Guaranties
YOUR USE OF THIS WEB SITE, AND THE PRODUCTS YOU MAY PURCHASE ONLINE, ARE PROVIDED BY THE BAJAN GROUP, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BAJAN GROUP, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Bajan Group, Inc. makes no warranty or guaranty that: (1) the Web site or our services will meet your requirements; (2) the Web site or our services will be uninterrupted, timely, secure, or free of viruses, errors, or other harmful components; (3) the results that may be obtained from the use of the Web site or our services will be accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through the Web site or our services will meet your expectations; and (5) any error on the Web site or communication services will be corrected.

Any content downloaded or otherwise obtained through the use of the Web site or through our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system, or for the loss of data, that may result from the download of any such content.

No advice or information, whether written or oral, whether obtained by you from The Bajan Group, Inc., from an agent or employee of The Bajan Group, Inc., or through or from the Web site or from our services shall create any warranty or guaranty not expressly stated in these Terms and Conditions.

11.   Limitation of Liability
The Bajan Group, Inc. will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Bajan Group, Inc. has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the Web site or our services; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or message received or transactions entered into through or from the Web site or the services we provide; (3) unauthorized access to or alteration of your transmissions or data; or (4) any other matter relating to the Web site or the services provided The Bajan Group, Inc..

You agree to defend, indemnify and hold harmless The Bajan Group, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, or expenses, including attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Web site, or the sale of products or services to you.

12.   Relationship of Parties
You agree that you will not represent yourself as an agent or legal representative of The Bajan Group, Inc. for any purpose whatsoever. You are not granted any right or authority to assume or to create any obligation or responsibility, express or implied, in behalf or in the name of The Bajan Group, Inc., or to bind The Bajan Group, Inc., in any manner or thing whatsoever.

13.   Notices
Except as may otherwise be provided, any notice or demand given under these Terms and Conditions or pursuant to statute shall be in writing, and shall be given or made by telegram, facsimile transmission, certified or registered mail, express mail, or other overnight expedited delivery service, or by hand delivery, proper postage or other charges paid, and addressed to:>

The Bajan Group, Inc.
1719 Central Avenue
P.O. Box 12310
Albany, NY 12212-2310
Telephone: (518) 464-2884 or (888) 622-2526
Facsimile: (518) 464-2887
Web site: www.bajangroup.com

15.   Severability
In the event any of the provisions of these Terms and Conditions shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.

16.   Amendment and Waiver
Except as may otherwise be expressly provided for herein, any provision of these Terms and Conditions may be amended or modified, and the observance of any provision of these Terms and Conditions may be waived (either generally or in any particular instance and either retroactively or prospectively), only with the written consent of the parties. The failure of either party to enforce its rights under these Terms and Conditions at any time, for any period, shall not be construed as a waiver of such rights.

17.   Prohibition Against Assignment
You may not assign any rights, licenses or obligations you may have under these Terms and Conditions without the prior written approval of The Bajan Group, Inc.. Any attempted assignment in violation of this section will be void and without affect. Subject to the foregoing, these Terms and Conditions shall benefit and bind the parties successors and assigns.

18.   Entire Understanding
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supercede all prior discussions, documents, agreements, and prior course of dealing.

19.   Governing Law
These Terms and Conditions, and all transactions conducted on this Web site, are governed by and construed according to the laws of the State of New York, United States of America, without regard to its conflict of laws rules. You agree that the venue for all litigation and legal filings shall be in Albany, County of Albany, and that the courts of the State of New York shall have exclusive jurisdiction over all matters as to the interpretation, application, and enforcement of these Terms and Conditions, or the sale of any products or services pursuant thereto. You expressly consent to the subject matter and personal jurisdiction of these courts, and waive any claim of inconvenient forum. You expressly waive your right to trial by jury.

It is understood, however, that these Terms and Conditions are a general form of agreement, designed for use in the United States of America, wherever The Bajan Group, Inc. may distribute its products and that any provision herein that in anyway contravenes the laws of any state or jurisdiction, shall be deemed not to be a part of these Terms and Conditions, and shall be severed, without affecting the enforceability of any other provision.