Terms of service
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By visiting our website or purchasing something from us, you agree to be bound by the Terms of Service outlined here. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors. Please read these carefully and make sure you understand them before engaging with our Service.
By accessing or using this website, you agree to be bound by the following Terms of Service. If you do not agree to these terms, you may not access or use the website. These Terms of Service constitute a legally binding agreement between you and the website and govern your use of the website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the store will be subject to these Terms of Service. We reserve the right to update, change or replace these Terms of Service at any time by posting the updated terms on our website. It is your responsibility to check this page periodically for any changes. Your continued use of the website following any changes to these Terms of Service will constitute your acceptance of the updated terms.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the legal age of majority in your state or province of residence, or that you are of legal age and have given us your consent to allow any of your minor dependents to use this site. You also agree not to use our products for any illegal or unauthorized purposes, or to violate any laws in your jurisdiction, including but not limited to copyright laws. Additionally, you must not transmit any malicious code, such as viruses or worms, of a destructive nature. Any breach or violation of these terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
You agree that we may refuse service to you for any reason and at any time, without prior notice. You acknowledge that your content, excluding credit card information, may be transferred unencrypted, over a variety of networks, and may be changed to be compatible with connecting networks or devices. Your credit card information will always be encrypted during transfer over networks. You agree that you will not, under any circumstances, reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, or access to the service without our prior written consent. The titles and subtitles used in this agreement are for reference only and will not restrict or alter any of the terms herein.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
By using this site, you agree that we are not liable for any inaccurate, incomplete, or outdated information that is provided on this site. You understand that the material provided is for general information only and should not be used as your sole source of information when making decisions. You accept that any reliance on the material on this site is done so at your own risk.
This site may contain information from the past that is only intended for reference. We reserve the right to change the content of the site at any time without any prior notice. It is your responsibility to keep track of any changes made to the site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Our prices may be modified or discontinued at any time without notice. We have the right to change, suspend, or discontinue any of our products or services with no prior warning. We cannot be held responsible for any such changes, suspensions, or discontinuances.
SECTION 5 - PRODUCTS OR SERVICES
(if applicable) Certain products or services may only be available online through our website. These products or services may have limited availability and are subject to our Return Policy for returns and exchanges. We have taken great care to ensure that the colors and images of our products that appear on the website are as accurate as possible. However, we cannot guarantee that the colors you see on your computer monitor will be accurate.
We retain the privilege, but not the responsibility, to restrict the sale of our products or services to any individual, geographic area, or jurisdiction. We may exercise this right selectively. We also reserve the right to limit the quantity of any products or services we offer. All product descriptions and pricing are prone to alterations at any time without prior notice, solely at our discretion. We have the right to discontinue any product at any time. Any offer made on this website regarding any product or service is nullified where prohibited.
We cannot guarantee that any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be fixed.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to reject any order you place with us. We may, at our own discretion, reduce or terminate the quantities bought per individual, per family or per order. These limitations may involve orders placed under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. In the event that we make any changes or cancel an order, we will try to notify you by contacting the e-mail and/or billing address/phone number that was provided when the order was placed. We reserve the right to limit or prohibit orders that, in our own judgment, seem to be made by dealers, resellers or distributors.
You commit to furnishing up-to-date, complete, and precise purchasing and account data for all purchases made at our store. You pledge to promptly update your account and other information, such as your email address and credit card numbers and expiration dates, so that we can complete your orders and get in touch with you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
You accept that we do not monitor, control, or have any input regarding third-party tools which may be provided to you for access. We make no warranties, representations, or conditions of any kind when it comes to these tools, and we do not endorse them. We assume no responsibility for any issues that may arise from your use of these optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
The Service we provide may include content, products and services from third-parties. You may be directed to third-party websites that are not associated with us through links on this site. We do not guarantee the accuracy of the content on these third-party websites, nor do we take any responsibility for the products and services they offer.
We cannot be held responsible for any negative outcomes, such as harm or damage, that may occur as a result of purchasing, using, or engaging in any transactions with third-party websites. Therefore, it is important to read and understand the policies and procedures of any third-party site before engaging in any transactions. If you have any concerns or questions about a third-party product or service, please direct them to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. By sending certain specific submissions (such as contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), to us with or without our request, you agree that we may edit, copy, publish, distribute, translate, and otherwise use the comments in any medium, at any time, without restriction. We are not obligated to maintain comments in confidence, pay compensation, or respond to any comments. We reserve the right to monitor, edit, or remove any comments we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of any party's intellectual property or these Terms of Service. We are not obligated to compensate for any comments and may choose not to respond to any comments.
By agreeing, you confirm that your comments will not infringe upon any third-party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain libelous, unlawful, abusive, obscene, or malicious material, and will not contain any computer virus or other malware that could affect the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third-parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We accept no responsibility or liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, mistakes such as typographical errors, inaccuracies, or omissions may occur in the information on our site or in the Service. We reserve the right to correct any of these errors at any time without prior notice, including after you have submitted your order. We also reserve the right to update, amend, or clarify information in the Service or on any related website, including pricing information, at any time, but are not obligated to do so except as required by law. No refresh or update date indicated on the Service or on any related website should be taken to mean that all the information has been modified or updated.
SECTION 12 - PROHIBITED USES
Aside from other restrictions stated in the Terms of Service, you are not allowed to use the website or its content: (a) for any unlawful purpose; (b) to encourage others to carry out or take part in any illegal activities; (c) to break any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to be offensive, abusive, insulting, harmful, defamatory, slanderous, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. We reserve the right to terminate your use of the Service or any related website if you submit false or misleading information, upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; collect or track the personal information of others; spam, phish, pharm, pretext, spider, crawl, or scrape for any obscene or immoral purpose, or interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that your use of our service will be without interruption, that it will be timely, secure, or free from errors. We also cannot guarantee that the results you obtain from the service will be accurate or reliable.
You accept that we may, without prior notice, temporarily suspend or terminate the Service for indefinite periods of time or cancel it altogether at any time. Furthermore, you understand that your use of, or inability to use, the Service is completely at your own risk. The Service and all products and services delivered to you via the Service are provided "as is" and "as available" for your use, with no representation, warranties, or conditions of any kind, either expressed or implied, including all implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BuyNXpress, (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be held responsible for any harm, loss, or claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any sort, such as lost profits, lost revenue, lost savings, loss of data, or replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, caused by your use of any of the services or any products bought through the service, or for any other claim in any way related to your use of the service or any product, including but not limited to, any mistakes in any content, or any loss or damage of any kind suffered as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if warned of the possibility.No matter if it is a case of strict liability or another type of liability, you may not hold us responsible for any issues that may arise from your use of the Service or any products purchased through the Service, or any other matter related to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in any content or any losses or damages incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if we had been informed of the possibility of such losses or damages. In places where it is not permissible to exclude or limit liability for consequential or incidental damages, our liability shall be limited in accordance with the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to take responsibility for, defend and protect BuyNXpress, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, brought against them by a third-party resulting from your breach of these Terms of Service or the documents they refer to, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
Should any clause of these Terms of Service be declared unlawful, void, or unenforceable, it will still be enforced to the greatest extent possible by applicable law. The unenforceable part shall be removed from the Terms of Service, however, this will not affect the validity and enforceability of any other remaining clauses.
SECTION 16 - TERMINATION
Prior to the termination date, the responsibilities and liabilities of the parties will remain in effect for all purposes. These Terms of Service will be in effect unless and until either you or we decide to end them. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or when you stop using our site.
In the event that we believe, in our sole discretion, that you have not complied with any terms or provisions of these Terms of Service, we reserve the right to terminate this agreement without notice. You will remain responsible for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to The Service, constitute the entirety of the agreement between you and us and governs your use of The Service, replacing any prior agreements, communications, and proposals, be they verbal or written, between you and us including all prior versions of the Terms of Service. No ambiguities in the interpretation of these Terms of Service shall be interpreted against the drafter.
SECTION 18 - GOVERNING LAW
The laws of the Canada & United States shall govern and interpret these Terms of Service and any other agreements through which we provide Services to you.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You are responsible for periodically reviewing the most current version of the Terms of Service on our website. Any changes we make to the Terms of Service will be posted on our website, and your continued use of the Service after such changes are posted constitutes acceptance of the updated terms.
SECTION 20 - CONTACT INFORMATION
Any inquiries regarding the Terms of Service should be emailed to firstname.lastname@example.org.