Terms and Conditions
This legal agreement is made between the dealer, wholesaler or user of the site (“you”, “member”) and CLOSEOUTBUZZ, (“us”). This Agreement ("Agreement") applies to the CLOSEOUTBUZZ.com website (“Website”) that is offering a Service. Please read this Agreement carefully before registering for the Service. By registering for the Service, you become a CLOSEOUTBUZZ.com member (a "Member"), and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE WEBSITE.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 18 years old. By using the website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for your sole, personal and or your company’s use. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Although you may register as a Member of the Service for free, if you wish to use the Service to initiate most communication and all features with other members and use certain other parts of the Service, you must become a subscriber and pay the fees that will be set in the future. This price list is part of this Agreement And we reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, you must register for the Service. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself and the company you represent as prompted by Our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Service and, in such event, you shall not be entitled to a refund of any unused subscription fees.
YOUR USE OF THE SERVICE: As a Member of this Site, you agree to the Following:
(1) you will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any false information other than where you are specifically asked for such information in the Confidential Personal Information section of the Service. You will not engage in advertising to, or solicitation of, other members. You will not transmit any chain letters or junk email to other members. You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between you and other members.
(2) you are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any information containing nudity. We reserve the right, but we have no obligation, to reject any profile or post that does not comply with the prohibitions set forth in this section and, to the extent that we determine, in Our sole discretion, to do so, you shall not be entitled to a refund of any unused subscription payments that we have received from you.
(3) Email communications sent from us or through us are designed to make your online trading experience enjoyable. By becoming a member, you specifically agree to accept and consent to receiving email communications initiated from Us or through us including, without limitation: message notification emails, “News, Industry events & updates” emails, emails informing you about industry events , emails informing you of promotions we run and emails informing you of changes to the Service. Should you not wish to receive any of our email communications, do not register for the Service.
(4) you agree that we have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services we provide may change at any time. You acknowledge that we reserve the right to sign out, terminate, delete or purge your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be inactive after 12 months).
(5) Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to you. When speaking to Our customer service or other employees on the phone or communicating with them by any other means, you undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of our employees feel, at any given point, threatened or offended by your conduct, we reserve the right to immediately terminate your membership and you shall not be entitled to the refund of any subscription payments we have received from you.
We are entitled to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
(a) you will not impersonate any person or entity.
(b) you will not express or imply that any statements you make are endorsed by Us.
(c) you will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
(d) you will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(e) you will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(f) you will not interfere with or disrupt any Service or our site, servers or networks connected to any Service or Our site.
(g) you will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(h) you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(i) you will not "frame" or "mirror" any part of the Service.
(j) you will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
(k) you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
(l) you will not solicit personal identifying information from other users for commercial or unlawful purposes.
(m) you will not solicit money from other users.
(n) you will not promote information that is
knowingly false, misleading or encourages unlawful activities or conduct that is
threatening, obscene, defamatory or libelous.
INDEMNITY BY MEMBER: you will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including, but not limited to (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (iii) your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY: All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH US, OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to Our terms and conditions, we cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. we are not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH MEMBERS OF THE SERVICE OR VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND/OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, you should first contact Our customer service department by clicking: Contact Us.
DISPUTE RESOLUTION: This
Agreement is governed by the laws of the State of New York without regard to
its conflict of law provisions. You agree to personal jurisdiction by and venue
in the state and federal courts of the State of New York, City of New York.
This Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded.
Additional terms and conditions:
1. We guarantee that your posts will be processed by the CLOSEOUTBUZZ.com system and made available on the CLOSEOUTBUZZ.com system. Notwithstanding, we do not guarantee a response from other members nor do we make any other promises or warranties of any kind.
2. Member hereby agrees that subscription privileges are non-refundable in the event that Member chooses to suspend or cancel his/her membership. Furthermore, no refund will be made in the event of termination of member’s membership due to a violation of the Terms and conditions of service. In that respect, Member hereby agrees that, in addition to the grounds for termination set forth in the Terms and Conditions of Service, offensive behavior towards other members or use of foul language in the emails to members or in Member's profile will constitute sufficient grounds for such termination of Member's membership and/or subscription.
3. All disputes between CLOSEOUTBUZZ, and
Member regarding CLOSEOUTBUZZ.com services shall be brought to a binding
arbitration in accordance with the rules of the Better Business Bureau and all
such arbitration shall take place in New York, New York.