WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of Buy Bulk America Inc.'s (“Buy Bulk America”) Website (“Website”). By using the Website, you accept and manifest your assent to these terms and conditions in full. If you do not agree with these terms and conditions or any part of these terms and conditions, you are not authorized to use and you must not use the Website.
The Website is available only to entities, and persons over the age of legal majority, who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.
License to use the Website and Intellectual Property Contained Therein
Unless otherwise stated, Buy Bulk America owns all intellectual property rights in the Website and material on the Website (collectively, the “Content”), and/or has the right to use such intellectual property (collectively, the “Intellectual Property”). Subject to the grant of a limited non-exclusive license to use the Intellectual Property solely for purposes of viewing the Content on the Website and purchasing products therein, all Intellectual Property rights are reserved to Buy Bulk America. Except as expressly provided herein, Buy Bulk America does not grant to you any express or implied rights to Buy Bulk America's or any third party's intellectual property.
You may view, download for caching purposes only, and print pages or other information from the Website for your own use, subject to the restrictions set out in these terms and conditions.
The limited Intellectual Property license granted herein does not include, and you are prohibited from:
- republishing or translating Content from the Website (including republication on another Website);
- selling, renting or sub-licensing Content from the Website;
- showing or displaying any Content from the Website in public;
- reproducing, duplicating, copying, redistributing or otherwise exploiting Content of the Website for a commercial purpose;
- editing or otherwise modifying any Content of the Website;
- creating derivative works of Content or reverse-engineering Content or any part of any information on the Website;
- framing or utilizing framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Buy Bulk America.
- infringing the Intellectual Property or challenging the validity of the Intellectual Property.
Prohibited Uses of the Website
You shall not:
- use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including collecting data or confidential information or invading the privacy of third parties.
- use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Buy Bulk America express written consent.
- use the Website to transmit or send unsolicited commercial communications.
- use the Website for any purposes related to marketing without Buy Bulk America express written consent.
- disguise the origin of information transmitted through the Website.
- place false or misleading information on the Website.
- use or access any service, information, application or software available via the Website in a manner not expressly permitted by Buy Bulk America.
Buy Bulk America and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content or products purchased on the Website to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content or purchase a product from the Website, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.
Access to certain areas of the Website may be restricted. Buy Bulk America reserves the right to restrict access to any part of the Website, or indeed this entire Website, at Buy Bulk America’s discretion.
If Buy Bulk America provides you with a user ID and password to enable you to access any part of the Website or Content or services, you must ensure that the user ID and password are kept confidential. Buy Bulk America may disable such user ID and password in Buy Bulk America’s sole discretion without notice or explanation.
Linking to any part of the Website is strictly prohibited in the absence of a separate linking agreement with Buy Bulk America. Any website or other device that links to any part of the Website or any part available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Buy Bulk America or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Buy Bulk America or any of its affiliates, (e) presenting false information about Buy Bulk America products or services or products or services advertised or sold by Buy Bulk America, and (f) using any logo or mark of Buy Bulk America or any of its affiliates without express written permission from Buy Bulk America.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.
You grant to Buy Bulk America a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Buy Bulk America the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Buy Bulk America or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Buy Bulk America reserves the right to edit or remove any material submitted to the Website, or stored on Buy Bulk America servers, or hosted or published upon the Website.
Notwithstanding Buy Bulk America rights under these terms and conditions in relation to user content, Buy Bulk America does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
This Website is provided “as is” without any representations or warranties, express or implied, with respect to the Content or any products advertised on the Website. Buy Bulk America makes no representations or warranties, and disclaims all warranties to the fullest extent permissible by law, in relation to the Website, the Content provided on the Website, and with respect to any products advertised on the Website.
Without prejudice to the generality of the foregoing paragraph, Buy Bulk America does not warrant that:
- the Website will be constantly available, or available at all; or
- the information on the Website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
Limitations of Liability
Buy Bulk America disclaims all liability to you or to third parties (whether under the law of contact, the law of torts or otherwise) in relation to the Content, or use of, or otherwise in connection with, the Website.
By using the Website, you agree that the limitations of liability identified herein are reasonable. If you do not think they are reasonable, you must not use the Website.
Nothing in the Website disclaimer will exclude or limit any warranty that would be unlawful to exclude or limit.
You accept that, as a limited liability entity, Buy Bulk America has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Buy Bulk America officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability identified herein will protect Buy Bulk America officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Buy Bulk America.
You hereby agree to indemnify Buy Bulk America and its officers and agents and undertake to keep Buy Bulk America indemnified against any losses, damages, costs, liabilities and expenses (including without limitation attorneys’ fees and costs and any amounts paid by Buy Bulk America to a third party in settlement of a claim or dispute on the advice of Buy Bulk America legal advisers) incurred or suffered by Buy Bulk America arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to Buy Bulk America other rights under these terms and conditions, if you breach these terms and conditions in any way, Buy Bulk America may take such action as Buy Bulk America deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Revisions to Terms and Conditions
Buy Bulk America may revise these terms and conditions from time-to-time at any time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
Buy Bulk America may transfer, sub-contract, sub-license or assign its rights and/or obligations with respect to these terms and conditions, the Content, the Website, or its business, without notifying you or obtaining your consent.
You may not transfer, sub-contract, sub-license or assign your rights and/or obligations with respect to these terms and conditions, the Content or the Website.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect and that will not affect the enforceability of the other provisions of the terms and conditions.
These terms and conditions constitute the entire agreement between you and Buy Bulk America in relation to your use of the Website and the Content, and supersede all previous agreements in respect of your use of the Website and Content.
No waiver of any of these terms or conditions or the enforcement of same shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of New York including with respect to conflicts of laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Kings County, New York. You expressly waive any objection on the grounds of venue or jurisdiction and you agree that any claim or cause of action arising out of or related to your use of the Website or any products purchased from the Website must be filed within one (1) year after such claim or cause of action arose.