TERMS OF USE
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or uBuyGroup.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, uBuyGroup.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
REGISTRATION AS A PROFESSIONAL
By registering as a professional, you agree to the following:
You have obtained all necessary permissions within your business to participate in the uBuyGroup.com Services;
All information you submit to uBuyGroup.com is accurate and complete in the best of your knowledge and that you will update such information to ensure accuracy at all times;
You are an individual person (not a company or other association);
You have acquired and will maintain all licensing and regulatory requirements applicable to professional in your industry, in the areas you sell your services;
You will not advertise to sell services or products that you don’t really offer, are not permitted or licensed to offer based on applicable laws and regulations;
You will not refer uBuyGroup.com supplied leads to any other person;
You will not take any action that may undermine the integrity of any uBuyGroup.com members;
uBuyGroup.com reserves the right to terminate your participation at its sole discretion without notice;
You agree to have secured and to maintain any required supervising authorization before using the Service;
By using uBuyGroup.com Services, you fully consent and opt-in to receiving email from uBuyGroup.com.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify uBuyGroup.com of any unauthorized use of your password or account and any other breach of security, (b) ensure that you exit from your account at the end of each session and (c) agree not to sell, transfer or assign your account or any account rights. uBuyGroup.com cannot and will not be liable for any loss or damage arising from your failure to comply with these instructions.
MEMBER CONDUCT
You acknowledge that all information, data, text, photographs, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person the Content originated from. This means that you, and not uBuyGroup.com, are entirely responsible for all Contents that you upload, post, email or otherwise transmit via the Service. uBuyGroup.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. uBuyGroup.com will not be liable in any way and under any circumstances for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
• upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a uBuyGroup.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email or otherwise transmit any material that contains software viruses or any other computer
• code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
• "stalk" or otherwise harass another; or
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• collect or store personal data about other users.
You acknowledge that uBuyGroup.com does not pre-screen content, but that uBuyGroup.com and its designees have the right (but not the obligation) at their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, uBuyGroup.com and its designees have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by uBuyGroup.com or submitted to uBuyGroup.com.
You acknowledge and agree that uBuyGroup.com may preserve Content and may also disclose Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner (b) for the purpose of properly administering your account in accordance with the standard operating procedures of uBuyGroup.com or its affiliated companies, and/or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to (d) comply with legal process (e) enforce the TOS (f) respond to claims that any Content violates the rights of third-parties, or (g) protect the rights, property, or personal safety of uBuyGroup.com, its users and the public. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. uBuyGroup.com reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent to this paragraph at any time.
INTERNATIONAL USE
In recognition of the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the aforementioned). When you are on any international uBuyGroup.com property, you are bound by the Terms of Service and applicable laws governing that uBuyGroup.com property.
COPYRIGHT ON YOUR DISPLAYED CONTENT
(a) With respect to Content you elect to post on the uBuyGroup.com website, including text, photographs, logos or other graphics, you grant uBuyGroup.com a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the product or Service that you wish to advertise on the uBuyGroup.com network. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service. (b) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant uBuyGroup.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
INDEMNITY
You agree to indemnify and hold uBuyGroup.com and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that uBuyGroup.com may establish general practices and limits concerning use of the Service. You agree that uBuyGroup.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that uBuyGroup.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that uBuyGroup.com reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
uBuyGroup.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that uBuyGroup.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that uBuyGroup.com at its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if uBuyGroup.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. uBuyGroup.com may also at its sole discretion and at any time discontinue provision of the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that uBuyGroup.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that uBuyGroup.com shall not be liable to you or any third-party for any termination of your access to the Service.
FEES AND PAYMENT
When you subscribe to the posting or directory fees, you agree to pay uBuyGroup.com at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. uBuyGroup.com reserves the right without notice to modify pricing. Payment may be made by you by providing either a valid credit card or by using PayPal account.
All purchases are processed in US dollars.
Payment by using credit card
If for any reason uBuyGroup.com is unable to charge your payment method for the full amount owed uBuyGroup.com for the services provided, or if uBuyGroup.com is charged a penalty for any fee it previously charged to your payment method, you agree that uBuyGroup.com may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason uBuyGroup.com is unable to charge your credit card with the full amount of the services provided, or if uBuyGroup.com is charged back for any fee it previously charged to the credit card you provided, you agree that uBuyGroup.com may pursue all available remedies in order to obtain payment. You agree that among the remedies uBuyGroup.com may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to services registered or renewed on your behalf. uBuyGroup.com reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass along to you.
Payment by using PayPal
If you pay using PayPal, Inc. (“PayPal”) option, you agree to allow PayPal to debit the full amount of this transaction from your PayPal account balance or the preferred funding source you established with PayPal, which is non-refundable.
It is your responsibility to keep your PayPal account current, and to have available funds in it. You agree that PayPal and uBuyGroup.com will not be responsible for payments that fail to go through as a result of your funding source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the services provided, you agree that PayPal and uBuyGroup.com may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your account by PayPal or charged to your preferred funding source.
You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and you authorize a debit of full amount of your order from your PayPal account or preferred funding source.
USE OF PROMOTIONNAL OFFERS, DISCOUNT AND INCENTIVES
uBuyGroup.com may from time to time send promotional offers within a particular time frame to some eligible members. Members eligibly for a specific promotion will be defined in the terms of this promotion. These promotional offers may include but are not limited to discounts, rebates, free products or other incentives that are only available to these eligible members. Eligible members cannot assign these promotional offers to other members.
EXPOSURE AND TRAFFIC
uBuyGroup.com doesn’t guarantee exposure for the items or services posted by owners or industry professionals and make no warrantee with respect to any traffic or client click through to such posting.
REFUND POLICY
Refunds will be given at the sole discretion of the Company Management. In certain cases uBuyGroup.com will try to make commercially reasonable efforts to accommodate its members that purchase products or services and subsequently attempt to cancel such purchase. uBuyGroup.com is under no obligation to make accommodation for members that attempt to cancel and ask for refunds.
DEALING WITH PROFESSIONALS
uBuyGroup.com doesn’t sponsor, endorse, recommend or approve of any professional or other industry related service provider who offers services through uBuyGroup.com. You are responsible to use your own independent judgment of the merits of any individual, entity or information that you find on or through the website. We cannot and do not represent or warrant that any professional or other industry related service provider who offers services through uBuyGroup.com is licensed, qualified, or capable of performing any such service.
It should also be noted that we do not make any assurance as to the timeliness or accuracy of information provided by any professional or other industry related service provider.
DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. It is your solely responsibility to determine whether you have purchased a Service through a third party. To the fullest extent permitted by applicable law, you agree that: (a) uBuyGroup.com shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
CONSENT TO EMAIL COMMUNICATIONS FROM UBUYGROUP.COM, MEMBERS AND THIRD PARTY
You will receive from time to time emails from uBuyGroup.com regarding new features, products and services offered by uBuyGroup.com. You may also receive emails from other members. By using uBuyGroup.com services, you fully consent and opt-in to receiving emails from uBuyGroup.com and other members. If you opt-in to receive promotional offers at the time your register or when you update your Profile, you fully consent to receiving email from uBuyGroup.com, its affiliates and advertisers.
CONSENT TO PHONE CALL COMMUNICATIONS FROM UBUYGROUP.COM, MEMBERS AND THIRD PARTY
By using uBuyGroup.com services, you fully consent and opt-in to receiving calls from uBuyGroup.com. You also fully agree to receive calls from other members, professionals and any other industry related service provider. This section remains in force even if you are on the Do Not Call list.
USE OF EMAILS OR PHONE NUMBERS
You agree to contact members of uBuyGroup.com using the email address or phone number display on the website for the purpose only of asking questions and potentiality dealing with the products or services they are offering through uBuyGroup.com. In no event you have the right to contact members of uBuyGroup.com for purposes of soliciting other goods or services or suggest a commercial relationship of any kind with such members. If you fail to comply with this section, you agree to compensate uBuyGroup.com for liquidated damages.
LINKS TO OTHER WEBSITES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because uBuyGroup.com has no control over such sites and resources, you acknowledge and agree that uBuyGroup.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that uBuyGroup.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.
If you are an owner, professional or other industry related service provider, you may include only a link to your personal, company or professional website. You cannot include a link to any third party (related or non-related industry services). If your conduct violate or fail to comply with this section, you agree to compensate uBuyGroup.com for liquidated damages.
UBUYGROUP.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by uBuyGroup.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
CONFIDENTIALTY AGREEMENT
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential (subject to our Privacy Policy). We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
DISCLAIMERS
You expressly acknowledge and agree that: 1.Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, uBuyGroup.com expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. 2. uBuyGroup.com makes no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected. 3. Any material obtained through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 4. No advice or information, whether oral or written, obtained by you from uBuyGroup.com or through or from the Service shall create any warranty or other obligation not expressly stated in the TOS.
LIMITATION OF LIABILITY
You expressly acknowledge and agree that uBuyGroup.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if uBuyGroup.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service of these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations (disclaimers & liability) may not apply to you. In particular, nothing in these TOS shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of uBuyGroup.com.
USE OF SERVICES IN CONNECTION WITH FINANCIAL MATTERS
The Service is provided for informational purposes only and no content included in the Service is intended for trading or investing purposes. uBuyGroup.com shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
The uBuyGroup.com logos, trademarks and Service marks, and uBuyGroup.com product and Service names are trademarks of uBuyGroup.com (the "uBuyGroup.com Marks"). Without uBuyGroup.com prior permission, you agree not to display or use in any manner, the uBuyGroup.com Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
uBuyGroup.com respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please report the matter to uBuyGroup.com by emailing or writing to us including the following information –
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner , its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and uBuyGroup.com and govern your use of the Service, superseding any prior agreements between you and uBuyGroup.com. You also may be subject to additional terms and conditions that may apply when you use affiliate Services or third-party content. The TOS and the relationship between you and uBuyGroup.com shall be governed by the laws of the State of Florida. You and uBuyGroup.com agree to submit to the exclusive jurisdiction of the courts of the State of Florida. Any failure by uBuyGroup.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor.
The section titles in the TOS are for convenience only and have no legal or contractual effect. To give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
