TERMS OF SERVICE – GET Buyr INC
EFFECTIVE DATE OF THESE TERMS OF SERVICE: NOVEMBER 22, 2023
LATEST UPDATE TO THESE TERMS OF SERVICE: JULY 20th, 2024
Get Buyr Inc (hereinafter referred to as “Buyrs”), a company based in the state of Oregon, owns and manages the website https://www.Buyrs.io/, as well as various web applications, platforms, portals, downloads, content, products, services, materials and/or any resources or sites that Buyrs may have now and/or in the future (hereinafter collectively referred to as the “Services”). The Services are proprietary to and exclusively owned by Buyrs.
1. BACKGROUND, ARBITRATION AND DEFINITIONS
These Terms of Service shall set forth the terms upon which Buyrs shall offer and provide the Services to Purchasers and Vendors (as defined below).
Prior to using the Services, all Users (as defined below) of the Services must agree to these Terms of Service, in full. By accessing, visiting, browsing and/or otherwise using the Services, each User acknowledges and agrees that it has read, understands and agrees to be bound by all of the terms and conditions set forth in these Terms of Service, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by Buyrs from time to time (including, without limitation, Buyrs’ Privacy Policy located at buyrs.io/privacy, and the foregoing shall be incorporated herein by reference. If an individual agrees to these Terms of Service on behalf of a legal entity, such individual represents that the individual has the legal authority to bind such entity. If any User of the Services does not agree with these Terms of Service, such User’s sole recourse shall be to refrain from using the Services.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, USER AGREES THAT DISPUTES BETWEEN USER AND Buyrs WILL BE RESOLVED BY INDIVIDUAL MANDATORY BINDING ARBITRATION AND USER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. USER ALSO WAIVES THE RIGHT TO RECEIVE A TRIAL BY JURY.
The following terms, when used in these Terms of Service, shall have the meanings set forth below, unless the context requires otherwise:
“Dispute” shall refer to any controversy, claim, dispute, question, difference or other conflict between Buyrs and a User arising out of or relating to these Terms of Service.
“Purchaser” shall refer to a purchaser using the Services for purposes of assessing, comparing and potentially purchasing software from Vendors.
“Services” shall have the meaning set forth above. The Services shall allow Purchasers to, without limitation, (i) communicate with Vendors, (ii) share their requirements with Vendors, and (iii) compare different software functionalities, features and pricing as sold by Vendors. The Services shall allow Vendors to, without limitation, (i) communicate with Purchasers, (ii) share information regarding the software available for purchase, and (iii) submit pricing for software available for purchase.
“Terms of Service” shall refer to the latest version of these Terms of Service and shall include any amendments and updates made thereto. For reference purposes, the published Terms of Service shall indicate the date of the latest update made thereto.
“Users” shall refer to all users of the Services, including both Purchasers and Vendors. The term “User” shall refer to any individual user of the Services, irrespective of whether the user is a Purchaser or Vendor.
“Vendor” shall refer to the business, company or individual that wishes to advertise, promote or otherwise provide information regarding the software to Purchasers via the Services.
2. INTRODUCTION
The Services empower Purchasers by providing a resource to facilitate the purchase of software by providing publicly available information about Vendors and their software products, and providing comparison tools for purposes of assessing and evaluating software. Further, Purchasers and Vendors are able to communicate with each other through the Services, allowing Purchasers to send their software requirements to Vendors and Vendors to provide pricing information to Purchasers. The Services offer and provide a wide array of information and tools intended to assist Purchasers with the selection and purchase of software.
3. USER REPRESENTATIONS
To be eligible to use the Services, every User hereby represents and warrants to Buyrs as follows:
The User is of or over the age of majority in the User’s state and/or country of residence. The User shall use the Services in accordance with all applicable government orders, laws and regulations. The User is not subject to any restrictions, limitations, suspensions, judgments or orders that would prevent the User from using the Services.
The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13). Buyrs does not knowingly collect or solicit information from children under the age of thirteen (13). If Buyrs learns that it has collected personal information from a child under the age of thirteen (13), Buyrs will delete the information. If any User believes that someone under the age of thirteen (13) has provided Buyrs with personal information, please contact Buyrs at mike@Buyrs.io.
4. CREATION OF USER ACCOUNTS
Users – both Purchasers and Vendors -- will need to register for an account in order to access and use certain components of the Services (each, a “User Account”). Each User shall create a User Account by providing its email address and creating a unique password. Users may use Google Sign On to sign in to the Services using an existing Google account.
It shall be optional for Users to add a photo to their User Accounts. Vendors may create a profile on the Services containing information regarding the software available for purchase and including a link redirecting to a third-party site or to the Vendor’s site for purposes of scheduling meetings with Purchasers.
Each User’s email address and password shall remain confidential and personal to the User. If any security breach were to occur or in case of a compromised password, the User shall promptly notify Buyrs by email or through the Services.
Personal data submitted as part of a User Account shall be handled according to Buyrs’ Privacy Policy. All information submitted by a User as part of its User Account shall be true, complete and current to the best of the User’s knowledge. Each User shall be responsible for updating any information which becomes outdated, expired or incorrect. The information provided by the Vendor in connection with the software listed on the Services must be complete, lawful and must not violate these Terms of Service.
Each User may only access and use its own User Account on the Services. Any usage or access of another User Account on the Services is strictly prohibited and may result in termination of the offending User Account by Buyrs.
5. USER ACCOUNT TERMINATION
A User may close or otherwise terminate its User Account at any time by following the instructions on the Services. Buyrs reserves the right to terminate or suspend the Services and/or revoke or terminate a User’s User Account on the Services if the User has breached these Terms of Service.
Users agree that if Buyrs terminates a User’s User Account on the Services, the User shall release Buyrs from all liability in connection with the termination of the User’s User Account.
Buyrs further reserves the right to investigate any potential violations of these Terms of Service, applicable laws, regulations or binding terms. Users shall be required to cooperate with Buyrs during any such investigations by submitting all requested documentation and information.
Those provisions of these Terms of Service which are intended to survive termination, including provisions relating to intellectual property, disclaimers and liability, shall remain applicable to Users, even after the termination of their User Accounts and/or termination of these Terms of Service.
6. INTERACTIONS BETWEEN BUYERS AND VENDORS
Purchasers and Vendors may interact with each other through the Services. All interactions between Users through the Services shall be respectful, and compliant with applicable laws and these Terms of Service. Buyrs may access communications between Users to verify that such communications comply with these Terms of Service.
In case of a dispute between Users, Buyrs encourages the Users to attempt to resolve the dispute amicably. At Buyrs’ discretion, Buyrs may, but is under no obligation to attempt to help the Users reach a mutually acceptable settlement of the dispute. If Buyrs elects to intervene, Buyrs does not guarantee that it shall resolve the dispute between Users. Further, Buyrs provides no guarantees or warranties as to the outcome of its intervention, if applicable, and the resolution of the dispute. As a result, Users agree to fully release and discharge Buyrs from all claims, losses, damages, liabilities, obligations, rights, remedies and causes of action of every nature, that the Users have, may have or had against Buyrs arising out of such dispute.
7. PAYMENTS
Currently, the Services are free to participating Users. In the future, Buyrs may offer different types of Service plans and packages that will be subject to a fee. At this time, Purchasers may not purchase products directly from Vendors via the Services. Unless otherwise indicated, any payments for software shall be handled exclusively by Vendors off of the Services.
8. PERMITTED AND PROHIBITED CONDUCT
Users agree to comply with these Terms of Service and all appliable laws and regulations when using the Services. Users therefore agree not to use the Services to:
- Violate or breach any law, government order, regulation or policy;
- Damage, hack, or otherwise use the Services in a harmful manner;
- Transmit viruses, corrupt files or damaging information;
- Transmit spam, advertisements or unsolicited material;
- Engage in illegal, unethical, fraudulent, malicious or abusive conduct, or encourage others to use the Services for such purposes;
- Post or publish known erroneous, false or illicit statements;
- Impersonate an individual, or company, or intentionally mislead others about the User’s real identity;
- Collect personal data from Users of the Services, without obtaining the Users’ prior approval and consent;
- Decompile or hack any part of the Services or attempt to decompile or hack the Services or any part thereof; and/or
- Act in a manner that conflicts with the intent of these Terms of Service.
Users may be held personally responsible for their failure to comply with these guidelines and standards. Further, Users agree that Buyrs may, without liability and without penalty, revoke a User’s right to use the Services or terminate a User’s User Account if the User breaches or attempts to breach any provision contained in these Terms of Service.
9. COPYRIGHT INFRINGEMENT
Buyrs complies with all applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). In accordance with the terms of the DMCA, Buyrs encourages Users to report any actual or perceived copyright infringement on the Services to Buyrs' attention. Any reports of copyright violations shall be handled and processed by Buyrs based upon the requirements of the DMCA.
If a User believes a trademark or intellectual property belonging to such User or to a third party has been published on the Services in violation of a copyright, the User shall notify Buyrs by sending a written notice to mike@Buyrs.io. The written notice submitted to Buyrs shall include all information required by the DMCA, and shall be duly signed by the User submitting the notice.
If, pursuant to Buyrs' analysis, Buyrs finds a notice to be founded, Buyrs shall promptly remove the intellectual property or trademark subject to the notice from the Services. If Buyrs determines that the notice is unfounded, Buyrs shall notify the submitting User of its decision and shall provide justification.
If any User infringes the DMCA, Buyrs reserves the right to suspend or terminate the User’s Account on the Services, without liability or notice to the User.
10. COMMUNICATIONS
Users agree to receive certain communications in connection with the Services. When Users use the Services, Users are communicating with Buyrs electronically, and Users consent to receive communications from Buyrs electronically. Buyrs will communicate with Users by e-mail and/or by posting notices on the Services. Users acknowledge and agree that all agreements, notices, disclosures and/or other communications that Buyrs provides electronically satisfy any legal requirement that such communications be in writing. Certain electronic communications from Buyrs may include promotional and advertising material and information about Buyrs. Further, when Users visit or log in to the Services, cookies and similar technologies may be used by Buyrs' online data partners or vendors to associate these activities with other information they or others have about Users, including by association with Users’ email address. Buyrs (or service providers) may then send communications and marketing to these email addresses. Users may opt out of receiving this advertising by visiting https://app.retention.com/optout.
11. Buyrs' INTELLECTUAL PROPERTY
Excluding Vendor Content, Third-Party Sites and content linked to or posted on the Services, the Services and their entire contents including but not limited to the Buyrs name, logos, graphics and other information and material we provide through the Services are the property of and owned by Buyrs, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to the tools, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, and slogans is prohibited. As between the parties, Buyrs and/or its licensors are the owner of and retain all right, title and interest in: (i) all content and information provided by Buyrs; and (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Services, including but not limited to data or insights collected from the Services and/or in connection with Users’ use of the Services. Subject to the limited rights expressly granted hereunder, Buyrs and/or its third-party licensors reserve all right, title and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to Users hereunder other than as expressly set forth herein. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The Buyrs name and logo are trademarks and/or service marks of Buyrs, and Buyrs retains all right, title, and interest in and to such marks. Accordingly, Buyrs' marks may not be reproduced or shared without the prior written consent of Buyrs.
12. VENDOR CONTENT
A Vendor may enter, post and/or upload content and information regarding Vendor’s organization and software products on the Services and through communication facilities that may be offered on, though, and/or in connection with the Services from time to time (collectively, “Vendor Content”). Vendor and/or its licensors shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all of such Vendor Content. In connection with Vendor’s use of the Services, Vendor hereby grants Buyrs a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use the Vendor Content in any form, medium or technology now known or later developed, including publication and use in marketing materials and/or on any Third-Party Sites or services integrated into the Services. This license includes the right for Buyrs to make the Vendor Content available and sublicense rights to other entities and individuals who partner with Buyrs in the delivery of the Services, including the right to move the Vendor Content to another platform. For avoidance of doubt, each Vendor acknowledges and agrees that Buyrs is permitted to publish the logos of the Vendors to allow Purchasers to properly identify the Vendors and the products sold by the Vendors.
13. CONFIDENTIALITY; USE OF DATA
During Users’ access to and/or use of the Services, Users may have access to certain information of Buyrs that is not generally known to others including any and all information relating to Buyrs and its business, such as, its business, legal, and operational practices, financial, technical, design, performance characteristics, commercial, marketing, competitive advantage or other information concerning its business and affairs, partnerships and potential partnerships, business model, fee structures, employees, funding opportunities, metrics, algorithms, techniques, formulas, processes, know-how, systems, ideas, inventions (whether or not patentable or copyrighted), feedback, procedures and techniques that have been or may hereafter be provided or shown to Users, regardless of the form of the communication (collectively, "Confidential Information”). Users must use best efforts to protect and prevent any access to Confidential Information.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMMERCIAL USE, REPRODUCTION, TRANSMISSION OR DISTRIBUTION OF ANY INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES WITHOUT THE PRIOR WRITTEN CONSENT OF Buyrs IS STRICTLY PROHIBITED.
Buyrs shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Services except as otherwise specified in these Terms of Service and/or the Privacy Policy and/or as otherwise required by law.
Users acknowledge and agree that Buyrs utilizes third-party service providers to host and provide the Services and store any data (including Vendor Content), and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of data. Users are responsible for properly configuring and using the Services and taking appropriate steps to maintain security, protection, and backup of all of their data. Buyrs is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of, any data or other information that Users submit and/or use in connection with the Services.
Buyrs does not seek any unsolicited ideas and/or materials for the Services. If a User provides any feedback, suggestions, improvements, reviews, enhancements, recommendations relating to the Services (“Feedback”), then the User further grants to Buyrs a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Buyrs has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
14. USERS LOCATED OUTSIDE OF THE UNITED STATES
The Services are primarily intended for Users located in the United States. Buyrs does not represent or guarantee that the content published on the Services shall be appropriate or available to Users located outside of the United States. Users of the Services who do not reside in the United States recognize that all or part of the information on the Services may not be available or suitable in regions outside the United States. If a User chooses to access the Services from outside the United States, the User shall be responsible for complying with all laws applicable in the User’s country of residence.
15. THIRD-PARTY SITES
Users acknowledge any links to third-party websites, sites, services, apps or other materials provided on the Services, including without limitation any sites owned or operated by Vendors (collectively, the “Third-Party Sites”) shall be for reference purposes only. The Third-Party Sites included or linked on the Services are separate entities from Buyrs.
Users acknowledges that Buyrs is not affiliated with the Third-Party Sites. Unless otherwise specified, the inclusion of information and/or links to Third-Party Sites on the Services shall not imply Buyrs' endorsement of such Third-Party Sites. Buyrs, being unaffiliated with the Third-Party Sites, cannot provide any warranties or guarantees with the respect to the Third-Party Sites.
Users’ usage of the links to the Third-Party Sites on the Services shall be at the sole risk of Users. Users’ usage of a Third-Party Site shall be governed by the terms and policies implemented by the Third-Party Site. Buyrs shall not be liable for any dispute or claim arising out of a link to a Third-Party Site, as provided on the Services, or a User’s usage of a Third-Party Site. Buyrs reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion.
16. FORCE MAJEURE
Force majeure events consist of unforeseeable, uncontrollable and irresistible events, such as government orders, epidemics, pandemics, labor strikes, wars, acts of God, tornados, hurricanes and other natural disasters. Buyrs shall not be responsible for any failure to perform its obligations due to a force majeure event.
During a force majeure event, Buyrs' obligations under these Terms of Service shall be suspended, until the force majeure event has ceased, and been resolved, as confirmed by Buyrs.
If the force majeure event extends beyond thirty (30) days, Buyrs may elect to cease performing its obligations on a permanent basis, without compensation or liability to Users.
17. DISCLAIMERS AND WARRANTIES
USERS EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY Buyrs ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH Buyrs EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, Buyrs AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS TO AND/OR USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) Buyrs WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY USERS FROM Buyrs OR THROUGH ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Buyrs MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OF THE SERVICES OR THIRD PARTY, (ii) ANY THIRD-PARTY SITE, THIRD-PARTY SERVICES LISTED ON OR ACCESSIBLE TO USERS THROUGH THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICES INTEGRATED INTO THE SERVICES, (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR USER ENCOUNTERED IN CONNECTION WITH USE OF THE SERVICES, AND/OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICES.
USERS ACKNOWLEDGE THAT TECHNICAL ISSUES MAY CAUSE THE SERVICES TO FREEZE, DELAY, CRASH OR NEGATIVELY IMPACT THE DEVICE USED TO ACCESS THE SERVICES. Buyrs SHALL NOT BE RESPONSIBLE FOR ANY TECHNICAL ISSUES CAUSED BY THE DEVICE USED TO ACCESS THE SERVICES. MOREOVER, Buyrs IS UNABLE TO GUARANTEE THAT ANY TECHNICAL ISSUES SHALL BE PROMPTLY REMEDIED OR EVEN REMEDIED AT ALL.
USERS RECOGNIZE THAT COMMUNICATIONS HELD OVER THE INTERNET ARE NEVER FULLY SECURE. USERS FURTHER ACKNOWLEDGE THAT THERE ARE A NUMBER OF RISKS ASSOCIATED WITH USING AN INTERNET-DEPENDENT PLATFORM, SUCH AS THE SERVICES. CONSEQUENTLY, USERS AGREE THAT THEIR USAGE OF THE SERVICES SHALL BE AT USERS’ SOLE RISK AND EXPENSE, TO Buyrs' FULL EXCLUSION.
USERS FURTHER RECOGNIZE THAT Buyrs MAY MODIFY AND/OR DISCONTINUE PROVIDING THE SERVICES AT ANY TIME, WITH OUR WITHOUT NOTICE TO USERS AND WITHOUT LIABILITY.
18. LIMITED LIABILITY
USERS’ USE OF THE SERVICES IS AT USER’S OWN RISK. Buyrs SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES, FINES, CLAIMS OR DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, AND FAILURE TO RECEIVE PAYMENT WITHIN A TIMELY DELAY. Buyrs SHALL NOT BE LIABLE FOR ANY NEGATIVE CONSEQUENCES OR ADVERSE EFFECTS RESULTING FROM THE MISUSE OF THE SERVICES, OR UNAUTHORIZED ACCESS THERETO. THE FOREGOING EXCLUSIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON STRICT LIABILITY OR ANOTHER THEORY OF LAW. Buyrs' MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES THAT USERS MAY SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE SUM OF $100.
19. INDEMNIFICATION
To the fullest extent permitted by law, each User agrees to indemnify and hold Buyrs, its affiliates, directors, officers, employees and licensors harmless from and against all losses, damages, liabilities, fees, penalties, costs, and expenses in connection with any claims, lawsuits, proceedings, motions or suits arising out of (i) the User’s negligence, gross negligence, or willful misconduct, (ii) the User’s misrepresentation or breach of warranty, (iii) the User’s failure to comply with these Terms of Service, (iv) the User’s failure to comply with applicable laws, orders or regulations and/or (v) the User’s usage of the Services.
20. CALIFORINIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Buyrs must be sent to our agent for notice to mike@Buyrs.io. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. UPDATES
Users acknowledge that Buyrs may update these Terms of Service at any time, at Buyrs' discretion. The most recent version of these Terms of Service shall be published on the Services. The Terms of Service published on the Services shall specify the date of their latest update.
Any updates to these Terms of Service shall be effective as of the publication of the updated Terms of Service on the Services. Any usage of the Services by Users following the publication of the updated Terms of Service shall constitute Users’ agreement to be subject to the updated Terms of Service. Users shall be bound by the latest version of these Terms of Service.
22. PERMITTED ASSIGNMENT
Buyrs may assign any of its obligations, or rights provided under these Terms of Service, in whole or in part. Buyrs further reserves the right to delegate or subcontract any obligations specified in these Terms of Service to a third party, at Buyrs' discretion. Users may not assign any rights or obligations provided under these Terms of Service, except with Buyrs' prior specific written consent.
23. ENTIRE AGREEMENT
These Terms of Service, including any policy referenced herein, constitutes the entire agreement between Buyrs and the Users with respect to the subject matter contemplated in these Terms of Service. Users acknowledge that the latest version of these Terms of Service supersedes prior negotiations and agreements between Buyrs and Users.
24. NO WAIVERS
If Buyrs does not insist upon the execution of any obligation contained in these Terms of Service, this shall not serve as a waiver of Buyrs' rights nor shall it relieve Users of their obligations pursuant to these Terms of Service. Moreover, if Buyrs delays, suspends or fails to exercise its rights under these Terms of Service, this shall not operate as a waiver of Buyrs' rights.
25. SEVERABILITY
If any term or section in these Terms of Service is held to be unenforceable or unlawful, the term or section shall be severed, and shall not affect the validity and enforceability of the remaining provisions in these Terms of Service.
26. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service, any claim under these Terms of Service, the provision of the Services and/or any matters relating to the Services shall be governed by the laws in force in the State of Oregon, without regard to any conflict of law principles.
The following types of Disputes may be brought before the competent courts located in the State of Oregon: (i) any Dispute seeking an injunction or other type of equitable relief, or (ii) a Dispute to enforce the rights and obligations set forth in these Terms of Service. All Disputes relating to matters other than those specified in these Terms of Service shall be handled by negotiation and arbitration.
Prior to undertaking any legal or arbitration proceedings, Users shall make reasonable efforts to resolve all Disputes amicably. In good faith, Users shall employ their best efforts to resolve the Dispute with Buyrs in an amicable manner.
In the event that the Dispute cannot be resolved amicably within thirty (30) days, the unresolved Dispute shall be referred to and finally resolved by binding arbitration. The number of arbitrators shall be one (1). The arbitrator shall benefit from the authority to resolve the Dispute.
The arbitration proceedings shall be kept strictly confidential. The arbitrator shall have the authority to award damages and relief, if needed, similarly to a court of law. The arbitration award shall be final and binding. The arbitration award shall be confirmed in writing. All Users waive their right to a jury trial in any litigation or arbitration proceedings commenced in connection with these Terms of Service or the Services. Users acknowledge that the arbitration proceedings shall be individual and shall not consist of class arbitration. All claims shall be brought in the User’s individual capacity, and not as part of a class action or another party’s claim.
Any claim or Dispute relating to these Terms of Service or the Services shall be introduced within one (1) year of the event giving rise to the claim. Any claim or Dispute introduced after the one (1) year delay shall be barred.
27. QUESTIONS AND COMMENTS
Buyrs welcomes questions, comments and inquiries regarding the Services or these Terms of Service. Users may send such questions, comments and inquiries by email to mike@Buyrs.io or registered mail to the address below:
Get Buyr Inc
1828 SW Elizabeth Street
Portland, OR 97201
