TERMS AND CONDITIONS OF USE & SALE
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE "TERMS") BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER OUR WEBSITE OR OTHER SITES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 15, 16, AND 17). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of our website or other sites to which these Terms are linked (each, a "Website"), owned and maintained by Buy Box Group LLC ("Buy Box Group," "we," "our," "us"), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT.
THESE TERMS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND YOUR BUSINESS ("YOU") AND BUY BOX GROUP. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY BUY BOX GROUP, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
TABLE OF CONTENTS
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Buy Box Group trademark and logo are proprietary marks of Buy Box Group, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Buy Box Group.
Subject to your continued strict compliance with these Terms, Buy Box Group provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Buy Box Group over the Website, Buy Box Group provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the contents of such subscription. You acknowledge and agree that: (1) the contents are copyrighted material under United States and international copyright laws that is exclusively owned by Buy Box Group; (2) you do not acquire any ownership rights in the contents; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material without the express written permission of Buy Box Group; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. To the extent you breach any of the terms referenced herein, your rights will be immediately terminated without notice.
You agree not to use or attempt to use the Website, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Buy Box Group.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Buy Box Group reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS
As a Buy Box Group user, you may be required to create an account with Buy Box Group. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Buy Box Group account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR PRODUCTS
If you have purchased a product from Buy Box Group or any related brands, you may receive a limited refund if you comply with the following conditions (unless otherwise specified):
- You must request a refund in writing by contacting [email protected];
- Your request for a refund must be made within thirty (30) days of your purchase;
- You must return the products to Buy Box Group immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
- The products must be returned to Buy Box Group in like-new, or re-sellable condition, as determined in Buy Box Group's sole, reasonable discretion.
SECTION 7 - TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
Where we offer you a free trial of any Buy Box Group product, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers of Buy Box Group's products and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to Buy Box Group do not qualify for a further free trial period.
Buy Box Group will email a reminder that your trial is ending at least 7 days prior to you being charged. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address [email protected]. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full Buy Box Group monthly membership subscription rate provided at the time of enrollment each month until you cancel. Buy Box Group can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your Buy Box Group subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address [email protected]. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days' notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month's use, nor will you be entitled to any refund for any payments to Buy Box Group. For annual subscriptions, we also require at least ten (10) days' notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund but we will provide you with a credit towards other Buy Box Group subscription services. Buy Box Group in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A Buy Box Group user is responsible for paying all sums due to Buy Box Group in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged up to the subscription fee plus applicable tax for the following month's subscription, together with any other fees for the following month's subscription plus any accumulated charges for the past period (collectively, "Fees"). Failure by the Buy Box Group user to use any of the services available through the service provided by Buy Box Group does not relieve the Buy Box Group user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount). If for whatever reason, we are unable to process your monthly subscription payment, we may, in our sole discretion, charge you a lesser amount to "pause" your account and retain your information as we attempt to contact you for updated payment information.
IF YOU ARE A BUY BOX GROUP PURCHASER OR MEMBER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. AS NOTED ABOVE, IF WE DO NOT RECEIVE SUFFICIENT FUNDS, WE MAY CHARGE YOU A LESSER AMOUNT TO PAUSE YOUR ACCOUNT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO BUY BOX GROUP, YOU MAY DO SO BY EMAILING [email protected] AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Buy Box Group reserves the right to immediately terminate a user's service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Buy Box Group starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 18 below.
In addition to any Fees, Buy Box Group may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.