Our Services include, among other things, delivering search results for products and services offered by third party Merchants. We are NOT a party to any transaction you may enter with Merchants. If you have any questions, concerns or claims regarding a product or service you purchased by initiating a search using our Services, please address these to the relevant Merchant.
- INTELLECTUAL PROPERTY
- ONLY A VENUE:
- Easybuyout has no control over and does not warrant in any way that prices, shipping costs, taxes, products or descriptions provided by sellers or other third parties, or any other content of the Websites is accurate, complete, reliable, current or errorfree. Site content is provided for informational purposes only and Easybuyout shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Websites. Easybuyout is not liable for any delays, inaccuracies, fraud, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. Easybuyout is not liable for any negligence, acts or omission of acts of any seller on the Websites. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. Any information on the Websites can change without notice.
- LIMITATION, SUSPENSION OR TERMINATION
You may complete transactions as follows:
A. Transaction Processing by the Seller. For certain transactions: (i) sellers direct buyers to the seller's website for transaction processing, or (ii) sellers provide buyers with sellers' contact information to complete a transaction. EasyBuyOut never collects credit card information from buyers for transactions conducted through these methods.
B. Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions. EasyBuyOut does not undertake any obligation or liability in respect of such third party transaction processing.
The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in such a third party transaction through the Service, You agree and accept the Agreement and any additional terms of service imposed by third parties. EasyBuyOut and EasyBuyOut Partners assume no liability, obligation or responsibility in connection with any transactions between You and the Users of the Websites.
In so far as permitted by law, if You have a dispute with any User or any third party, including any sellers of products, You release EasyBuyOut (and its subsidiaries, affiliates, and each of their respective directors, officers, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
EasyBuyOut and EasyBuyOut Partners may provide links to external websites or resources which are not the Websites for your convenience and reference only. EasyBuyOut and EasyBuyOut Partners have no obligation to review any sites linked to the Websites, do not control or endorse, and are not responsible for the availability of, these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk.
-modify our copyright/trademark or other proprietary rights notices, or interfere with the securityrelated features of our Site or Service (e.g., those that prevent or restrict copying Site Content);
-use our Site or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Site or Service;
-use our Site or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
-use our Site or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
-use our Site or Service to transmit any data, or upload to our Site or Service any data, that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
-decompile, reverse engineer or disassemble any portion of our Site or Service;
-use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained our Site or Service, or use networkmonitoring software to determine architecture of or extract usage data from our Site or Service; -or engage in any conduct that restricts or inhibits any other user from using or enjoying our Site or Service.
(a) We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Site or Service (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, email address, etc.) and other content (collectively "User Content"). For example, any comment, rating or review of a product or a merchant that you post through our Site or Service is your User Content.
(b) Standards . You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User Content:
-will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant merchant or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws;
- will be truthful, nonmisleading and nondeceptive;
- will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
- will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
-does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
-will not be threatening, abuse or invade another's privacy, or provided with an intent to harass, upset or embarrass any other person;
-will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
- will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).
(c) We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms.
(d) Grant of Rights & Use . We do not claim ownership to your User Content. However, by submitting User Content, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royaltyfree, perpetual, irrevocable, nonexclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to socalled "moral rights" or rights of "droit moral" with respect to the User Content.
By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location (e.g., "Todd W. Columbus, OH," "Julie A. Wyoming," etc.), in connection with broadcast, print, online, or other use or publication of your User Content consistent with the license granted in the previous paragraph.
Without limiting the rights granted in the foregoing paragraphs, and for avoidance of doubt, we reserve the right to display advertisements in connection with your User Content, to use your User Content for advertising and promotional purposes, and provide thirdparties your User Content. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and thirdparty service providers (including their downstream users).
RELIANCE ON SITE INFORMATION
(a) Information available through our Site or Service is for educational, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any User Content or Site Content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content, User Content, and other information and opinions expressed through our Site or Service. For instance, ratings and reviews may be informative to some but are not provided as a guarantee or prediction of the level of performance you may experience with the applicable product, service, merchant or other third party. You are solely responsible for any actions or decisions you take based on materials and information available through our Site and Service, and should carry out your own research and investigation as appropriate.
(b) If there is a dispute between you and anyone accessing our Site or Service, or you and any third party in connection with our Site or Service, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release EasyBuyOut and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
Use of this Site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use this Site only with involvement of a parent or guardian.
LIMITS ON OUR LIABILITY
(c) In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
DISCLAIMER OF WARRANTIES
(a) TO THE FULL EXTENT PERMITTED BY LAW, SHOPZILLA'S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY SHOPZILLA ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND SERVICE IS AT YOUR OWN RISK. SHOPZILLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.
(b) Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(a) In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing the copyright of others.
(b) your infringement notification must include the following information:
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-A description of the copyrighted work that you claim has been infringed upon;
-A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable;
-Your address, telephone number and email address;
-A statement by you that you have a goodfaith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
AMENDMENT; ADDITIONAL TERMS
When you visit this Site or send emails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order or requesting for a price quote with us. We may communicate with you by email, SMS, phone call or by posting notices on the Site or by any other mode of communication. You also agree that sellers may communicate with you through phone, SMS or email if you have expressly agreed to being contacted by sellers while using the Site. For contractual purposes, you consent to receive communications including SMS, email or phone calls from us or the seller with respect to your order or in relation to the use of the Site.
EPLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the Site is an online platform that enables you to purchase products listed on the Site at the price indicated therein or request for price quotes of products sold by sellers offline through their physical stores. You further agree and acknowledge that EasyBuyOut is only a facilitator and is not and cannot be a party to or control in any manner any transactions offline or on the Site. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and the sellers.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, EasyBuyOut does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or nonmisleading.
Trademark, Copyright and Restriction
This site is controlled and operated by EasyBuyOut and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, noncommercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networker computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We respect the intellectual property of others.
EasyBuyOut we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or errorfree and assumes no liability in this
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