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Terms & Conditions
Last Update: March 17th, 2010
Terms & Conditions
Access to and use of the Buyerday.com site is provided subject to the following terms and conditions. Please read these terms and conditions carefully as your use of the site and Buyerday.com'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. Buyerday.com 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
BuyerDay.com provides a service that allows buyers to submit Requests for Quotes (RFQs) to multiple sellers and sellers can respond to those quotes with their response.
It should be noted that BuyerDay.com will forward the buyer requests to verified seller(s) (Seller contact details will be verified), we do not guarantee the quality or the credentials of the sellers who receive and respond to your RFQ. BuyerDay.com is only a service for matching buyers with sellers, we are not responsible for any transaction that may occur between buyer and seller. BuyerDay.com does not guarantee the quality, safety or legality of the information provided or the products and services sold. Buyer(s) should exercise as much caution as you would typically exercise with any purchase of products or services.
Should buyer have a dispute with any supplier, buyer must address such dispute with the supplier directly. Buyer hereby agree to release BuyerDay.com (and our employees) 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 sellers.
2. YOUR USE OF BuyerDay.com SERVICES
BuyerDay.com enables buyer(s) to initiate transactions for the purchase of products or services. However, BuyerDay.com is not the supplier of such products or services, nor is it a third party to any transactions involving such products or services. BuyerDay.com matches RFQ(s) from buyers to participating sellers.
Buyer(s) agree that by completing an RFQ, buyer(s) is/are entering into an agreement with BuyerDay.com and a business relationship with BuyerDay.com's sellers and thus agree to be contacted by BuyerDay.com and its sellers. Buyer acknowledges that the sellers can contact them regarding your RFQ(s) through the RFQ response system as part of the BuyerDay.com. BuyerDay.com will send buyer email notifications about responses by the seller(s).
It is agreed that use of BuyerDay.com services is for purchasing purposes and not for any other purpose including advertising or competitive intelligence. Buyer acknowledges that BuyerDay.com screens each RFQ and has the right (but not the obligation) in our sole discretion to deny any RFQ that is in violation of these terms and conditions.
If it is determined or suspected by BuyerDay.com in its sole discretion that you are misusing or attempting to misuse or circumvent the BuyerDay.com 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, terrorism, advertising, or spamming, BuyerDay.com 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.USERNAMES AND PASSWORDS
When a user creates an account, the user will be asked to choose a username and password for the Account. As a user, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Site. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the account or access to your password.
4. INFORMATION YOU PROVIDE TO US
When using BuyerDay.com services, buyer(s) will be prompted to disclose certain information about the buyer and the purchasing requirements. The purchase information will be sent to matching sellers who will need this information to respond to you. Buyer(s) agree to only complete an RFQ by an authorized person who can represent the buyer. Buyer promise that all information provided will be accurate, current and truthful to the best of buyer's knowledge. If you provide any information that is untrue, not current or incomplete, or BuyerDay.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BuyerDay.com has the right to refuse you any current or future use of the BuyerDay.com services. You are responsible for any use of the BuyerDay.com 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.
5. LINKS TO THIRD PARTY SITES
There are links in the BuyerDay.com web site that will allow you to leave BuyerDay.com's web site. The linked sites are not under the control of BuyerDay.com, and BuyerDay.com 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. BuyerDay.com is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by BuyerDay.com of the site.
6. COMMUNICATIONS
BuyerDay.com may send you information related to your Request for Quotes or your BuyerDay account. You acknowledge and agree that BuyerDay.com has the right to do so. BuyerDay.com may also send you information and offers related to BuyerDay products and services, which you can choose to opt out of by changing your notification preferences as described in our Privacy Policy. Notwithstanding the foregoing, under no circumstances will BuyerDay.com or any of its sellers 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 BuyerDay.com services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and BuyerDay.com's sole obligation to you or any third party for any claim arising out of your use of the BuyerDay.com services or the BuyerDay.com Web site, is that you may terminate use of the BuyerDay.com services or the BuyerDay.com Web site at any time.
You agree to indemnify BuyerDay.com, 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 BuyerDay.com services or connection to the BuyerDay.com 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 BuyerDay.com'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 BuyerDay.com 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 BuyerDay.com 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 BuyerDay.com as a result of this Agreement or use of this Web site.
This Agreement constitutes the entire agreement between you and BuyerDay.com with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BuyerDay.com with respect to this site.