Buyful.com Terms

Welcome and thank you for using Buyful. Following is an overview of how buyful’s networking and marketplace services works.

Buyful Terms and Conditions

Updated: December 7th, 2010


Terms & Conditions

Access to and use of the Buyful site is provided subject to the following terms and conditions. Please read these terms and conditions carefully as your use of the site and Buyful’s services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services. Buyful may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms.

  1. SERVICES

    Buyful provides a service that allows buyers and suppliers to “connect” with each other, to send messages, submit Requests for Quotes to multiple suppliers, send quotes to customers and complete a purchase using various tools and messages. We strive to make your experience a positive one.

    It should be noted that Buyful may not always be able to suggest suppliers for your requests. You may invite your current suppliers by sending an invitation to their known email address. However, we do not guarantee an acceptance of any invitation or a reply to your requests, nor the quality or the credentials of the suppliers you select for sending your request. As Buyful is a conduit for matching buyers with suppliers, we are not responsible for any transaction that may occur between you and/or your company and other Buyful participating user whether a supplier or a buyer. Buyful does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase of products or services.

    Should you have a dispute with any supplier or buyer, you must address such dispute with the supplier directly. Buyful may offer you tools and services to help you reach an agreement. However, you hereby agree to release Buyful (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes and your transactions with suppliers or buyers.

  2. YOUR USE OF BUYFUL.COM SERVICES

    Buyful enables you to initiate transactions for the purchase or the selling of products or services. However, Buyful is not the supplier or the buyer of such products or services, nor is it a third party to any transactions involving such products or services. Buyful only provide the platform for the buyers to purchase from participating suppliers.

    You agree that by sending a request, you are entering into an agreement with Buyful and a business relationship with the suppliers you selected and thus agree to be contacted by Buyful and the suppliers. You acknowledge that these suppliers can contact you regarding your request and that you are expressly consenting to such contact by them, or Buyful if necessary, to fulfill such request via your Buyful account, and by email, phone and text messages as you directed us in your privacy selections or other reasonable means, at any of your contact numbers or addresses. These contacts are necessary to provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.

    You agree not to upload, send or otherwise post unauthorized commercial communications, information which you do not have the rights to distribute by its lawful owner, any viruses or malicious code, any alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions, or any other unlawful, misleading, malicious, or discriminatory content or information.

    It is agreed that your use of Buyful services is for purchasing purposes and other business communications but not for any other purpose including advertising or competitive intelligence. You acknowledge that Buyful may screens your requests and messages, and has the right (but not the obligation) in our sole discretion to deny any service that is in violation of these terms and conditions.

    If it is determined or suspected by Buyful in its sole discretion that you are misusing or attempting to misuse or circumvent the Buyful services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, Buyful reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

  3. INFORMATION YOU PROVIDE TO US

    When using Buyful services, you will be prompted to disclose certain information about your business, yourself and your purchasing requirements. Some of this information may be accessible or sent to the suppliers you selected who will need this information to respond to you. If you receive such requests as a potential supplier, you will be prompt to disclose certain information about your business and the products or services you wish to include in your quote or your reply to the received request. You agree to only send a request for yourself, your business if you are an authorized officer of that business or another person who has authorized you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Buyful has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Buyful has the right to refuse you any current or future use of the Buyful services. You are responsible for any use of the Buyful services by persons to whom you intentionally or negligently allow access to your password. Your acceptance of these Terms & Conditions indicates that you expressly consent to our use and disclosure of your personal information in accordance with our Privacy Policy.

    You will own all the information and content you post on Buyful and you will control the use access and sharing of this information in your profile, account and other settings. For content that you lawfully post on Buyful and is protected by copyrights or covered by intellectual property rights (“IP content”), you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post or send or otherwise use in connection with Buyful (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

  4. YOUR USE OF BUYFUL.COM CONTENT

    Buyful also provides content including but not limited to text, software, photographs, graphics, data, contact information, and other material (“Content”) that are protected worldwide by copyright and other laws. The Content includes both content owned or controlled by Buyful and content owned or controlled by third parties and licensed to Buyful. Buyful authorizes you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Buyful. You agree that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Use of Buyful content for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

  5. LINKS TO THIRD PARTY SITES

    There are links in the Buyful web site that will allow you to leave Buyful’s web site. The linked sites are not under the control of Buyful, and Buyful is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. Buyful is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Buyful of the site.

  6. COMMUNICATIONS

    Buyful may send you information related to your Request or your Buyful account. You acknowledge and agree that Buyful has the right to do so. Buyful may also send you information related to Buyful products and services as necessary for the operation of the service, which you can choose to opt out of by changing your notification preferences as described in our Privacy Notice. Notwithstanding the foregoing, under no circumstances will Buyful or any of its suppliers have any obligation to provide you with upgrades, enhancements, modifications, or support for the Services provided.

  7. GENERAL TERMS

    You acknowledge and agree that the Buyful services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Buyful’s sole obligation to you or any third party for any claim arising out of your use of the Buyful services or the Buyful Web site, is that you may terminate use of the Buyful services or the Buyful Web site at any time. BUYFUL.COM MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BUYFUL.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF BUYFUL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    You agree to indemnify Buyful, and its subsidiaries, affiliates, officers, employees, agents, and co-branders and hold them each harmless from any and all claims or demands, including attorney’s fees, made by any third party due to or arising from your use of the Buyful services or connection to the Buyful web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of Buyful’s successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of Buyful to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the Buyful services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Buyful as a result of this Agreement or use of this Web site.

    This Agreement is governed by the laws of the state of California. You hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California, in all disputes arising out of or relating to the use of this site.

    This Agreement constitutes the entire agreement between you and Buyful with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Buyful with respect to this site.

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