Terms of Use

This Terms of Use Agreement and statement of certain Store Policies (the “Agreement”) constitutes a binding legal contract between you and 1 Bag at a Time, the owner and operator of the website which can be found at www.1BagataTime.com (the “Site”). Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time.

1 Bag at a Time takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, click here.

This Agreement covers the following topics.

  • General Conditions of UseAccess and Interference
  • Copyright or Trademark Infringement
  • Coupon-Code Policy
  • Registration and Passwords
  • Changing/Modifying Your Account
  • Terms and Conditions for Customer Comments
  • Intellectual Property Rights
  • Third Party Copyrights
  • Links to Other Sites; Framing this Site
  • Indemnification
  • Disclaimer of Warranties
  • Limitations and Exclusions of Liability
  • Modification
  • Entire Agreement; Interpretation
  • Severability
  • Governing Law and Venue
  • Term; Termination
  • Waiver
  • Electronic Communications
  • Contact Information

General Conditions of Use
1 Bag at a Time hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to continue to use the Site. Your use of the Site is at the sole discretion of 1 Bag at a Time, which may deny you further use of the Site at any time, for any reason, with or without cause.

Your use of the Site must always comply with applicable law.

Access and Interference
Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of 1 Bag at a Time is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by 1 Bag at a Time.

Copyright or Trademark Infringement
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 1 Bag at a Time or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing 1 Bag at a Time’s name or trademarks without the express written consent of 1 Bag at a Time. You may not use the text or phrase 1 Bag at a Time without express written consent of 1 Bag at a Time.

Coupon-Code Policy
1 Bag at a Time coupon codes are only available occasionally through promotional agencies or as a promotion with other companies or entities. They are not available via the Internet.

The 1 Bag at a Time percent off any one regular priced item coupon code is only valid for the dates shown on the coupon. Consumers are limited to one coupon code per customer, per day. The coupon may not be combined with any other coupon, offer, sale or discount.

Void where prohibited.

Registration and Passwords
Registering with the Site provides you many benefits. When you register with our Site, we will remember your information for future use. This makes your experience on our Site easier and more convenient. When you use the Site and sign in, you have easy access to your order status.

When you register, you will be asked to select a password. However, to keep your information secure, 1 Bag at a Time cannot provide you with your password through our site. If you cannot remember your password, our site provides a link to request that your password be sent to your email address. Login to your account and you will see a link to an interface to request that your password be sent to you via email. If you have trouble, please call 310-478-3886 for assistance.

When you register, or when updating your registration profile, you have the option to join the 1 Bag at a Time mailing list. By opting to join the mailing list, you will receive notifications of events, sales and other important and useful information. To change your password or any other personal information you have previously provided to 1 Bag at a Time, click on “My 1 Bag at a Time,” sign in to the Site, then choose “Edit Account Information.”

In consideration of your use of the Site as a registered user, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form, and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 1 Bag at a Time has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 1 Bag at a Time has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Please refer to Your Privacy Rights to learn about what information 1 Bag at a Time collects and why.

Changing/Modifying Your Account
You can edit your account information by navigating to “1 Bag at a Time,” logging in to your account, and updating your information. If you need assistance please call us at 310-478-3886.

Terms and Conditions for Customer Comments
You agree that any idea or other submission you provide to 1 Bag at a Time, Inc., below (“Comment”), is or will be under and subject to the conditions set forth herein. You represent and affirm that you have read and understand these terms, as well as the terms set forth in the Terms of Use and Privacy Policies. You represent and affirm that you are 18 years of age or older. You agree that by submitting your Comment, you acknowledge and agree that any such comment is nonconfidential, and that 1 Bag at a Time, Inc. has no obligation to return anything submitted, respond to, or confirm receipt of your Comment. You warrant that no other person or corporation has a property interest in the submitted Comment. You understand and acknowledge that 1 Bag at a Time, Inc. may have received or may someday receive similar Comments from others, and that existing or planned products and services independently developed without use of your Comment may contain concepts similar or identical to those you submit. You acknowledge and agree that your submission shall not preclude 1 Bag at a Time, Inc. from developing or acquiring such Comments without obligation to you. Notwithstanding anything to the contrary herein, 1 Bag at a Time, Inc. shall be free to use any Comment that you submit on a perpetual, royalty-free basis, for any purpose whatsoever, including use, modification, display, and distribution, and/or in the development, manufacture, marketing, and maintenance of 1 Bag at a Time, Inc. products and services without any obligation to you.
1 Bag at a Time is not obligated to keep your comments confidential or pay you or anyone else any money for your comments. Your comments shall become the property of 1 Bag at a Time upon receipt, which means that 1 Bag at a Time shall own all right, title and interest in and to your comments.

1 Bag at a Time shall have the right to use photos or other images you submit to us, such as images of bags in use or on display, in marketing materials, advertising or in any other manner, so long as such images do not include personally identifying text, without securing your additional approval.

Intellectual Property Rights
The Site is protected by copyright, trademark, and other intellectual property rights.

1 Bag at a Time grants you a personal, revocable, nontransferable, and non-exclusive right and license to use our site provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and solely to the extent required to be permitted under law); sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in or other intellectual property included on the Site.

1 Bag at a Time, the 1 Bag at a Time logo, 1BagataTime.com, One Bag at a Time, Onebagatatime.com and other trademarks, service marks, logos, product names and service names (collectively, the “Marks”) are owned or licensed by 1 Bag at a Time, Inc. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of 1 Bag at a Time.

You may not utilize the Site design or layout. Page headers, custom graphics, button icons, scripts and other elements of the Site are service marks, trademarks, and/or trade dress of 1 Bag at a Time may not be copied, imitated, or used, in whole or in part, without the prior written permission of 1 Bag at a Time.

The entire Site, and all object code and source code associated therewith, are copyright 2006-2007 1 Bag at a Time. All rights reserved. The arrangement and compilation of all content on this Site are the exclusive property of 1 Bag at a Time and are protected by U.S. and international copyright laws. All software used on this Site is the property of 1 Bag at a Time or its software licensors and is protected by United States and international copyright laws.
No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written consent of 1 Bag at a Time.

Third Party Copyrights
1 Bag at a Time respects the intellectual property of authors and creators of visual images and we ask our customers to do the same. A copyright exists in nearly all images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. 1 Bag at a Time and its customers are each subject to the copyright laws.

If you have any questions, you should consult a lawyer who specializes in copyright law.

Links to Other Sites; Framing this Site
The Site may contain links to third party websites. Such third party websites are not under the control of 1 Bag at a Time. Please note that 1 Bag at a Time is not responsible for the accuracy or content of websites of other providers, even if a link has been provided from this Site. Accordingly, 1 Bag at a Time can neither make a representation concerning the content of these sites to you nor can the fact that 1 Bag at a Time has provided this link serve as an endorsement by 1 Bag at a Time of this or any other site. In creating hypertext links to any other website, 1 Bag at a Time is not recommending that website or giving any assurances as to its standing. 1 Bag at a Time is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. 1 Bag at a Time makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent.

Indemnification
You agree to defend, indemnify, and hold completely harmless 1 Bag at a Time and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of 1 Bag at a Time, arising from or related to your use of the Site, the materials it contains, and any sites linked to this Site. You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 1 BAG AT A TIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, 1 BAG AT A TIME’S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS;
• 1 BAG AT A TIME ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS; AND
• 1 BAG AT A TIME IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1 BAG AT A TIME OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY. 1 BAG AT A TIME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitations and Exclusions of Liability
IN NO EVENT SHALL 1 BAG AT A TIME BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1 BAG AT A TIME SHALL 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 1 BAG AT A TIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
• THE USE OR THE INABILITY TO USE THE SITE;
• ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
• ANY OTHER MATTER RELATING TO THE SITE.
1 BAG AT A TIME SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, 1 BAG AT A TIME’S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST 1 BAG AT A TIME ARISING OUT OF THE USE OF THE SITE.

Modification
Because of the dynamic nature of the Internet environment, 1 Bag at a Time may update, revise, supplement, modify or amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.

Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and 1 Bag at a Time with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import.

The terms herein as they relate to any services or merchandise made available on the Site are supplemented by our statement related to Your Privacy Rights. To view this statement, click here.

Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Governing Law and Venue
This Agreement, the entire relationship between you and 1 Bag at a Time, and any litigation or other legal proceeding between you and 1 Bag at a Time (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of California without giving effect to its choice of law rules. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.

ANY CONTROVERSY OR CLAIM RISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH OF THIS CONTRACT, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THE COSTS OF ARBITRATION SHALL BE SHARED EQUALLY BETWEEN THE PARTIES. THE ARBITRATOR’S DECISION WILL BE BINDING AND MAY NOT BE APPEALED. A JUDGMENT OF A COURT HAVING JURISDICTION MAY BE ENTERED UPON THE ARBITRATOR’S AWARD.

To find out more about arbitration contact the American Arbitration Association at http://www.adr.org/

Term; Termination
This Agreement will remain in full force and effect while you use the Site.

1 Bag at a Time may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Waiver
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.

Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review Your Privacy Rights.

Contact Information
If you have a comment, question or request, or if you need to contact 1 Bag at a Time for any other reason, please click here.
Effective Date: 1/2010