In This User Agreement:
"Account" means the account you open when you register on the Website.
"Services" means, collectively, the BuView Site and Contents.
"Dispute Resolution Process" means the process to be followed by Vendors and iBuViewers in accordance with the Dispute Resolution Services.
"Client" means Vendor.
"Inactive Account" means Account that has not been logged into for a continuous 6 month period.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trade marks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"User", "you" or "your" means an individual who visits or uses the website "User Contract" means : (1) this User Agreement; (2) any other contractual provisions accepted by both the Vendor and iBuViewer uploaded to the Website, to the extent not inconsistent with the User Agreement and (3) the Project terms as specified on the Website, to the extent not inconsistent with the User Agreement.
"Website" means the websites operated by BuView and any related BuView service, tool or application.
Vendors: Create profiles, post projects, search for BuViewers, communicate with BuViewers, award projects to BuViewers, manage projects, leave feedback for BuViewers.
BuViewers (aka reviewers or iBuViewers): Create free profiles, submit requests for projects, obtain feedback from Vendors.BuView.com is an online groundswell that enables vendors of product or services to search for, and offer providers ("BuViewers" aka "iBuViewers") product or services exchanged for feedback. We (BuView) may add, delete or modify some or all Product or Services at any time at our sole discretion with reasonable notice posted in advance on the Website.
ACCEPTANCE OF TERMS.
This Terms of Service (TOS) agreement is between you (Client) and BuView LLC, a Florida limited liability company, and its legal successors and assigns.
BuView provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://i.BuView.com/terms . Failure to comply with the TOS may result in account termination. By using BuView' services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS or cancel Client's account within 5 days from the date of initial contracting, Client agrees to (and hereby signs) the TOS and BuView is instructed to commence work on the Client's Buview as if Client had expressly accepted the TOS.
Client's acceptance of the TOS is binding upon all BuView services including the purchase of additional services or additional project or accounts at a later date.
A. Vendor and BuViewer
1. Project Agreement. The engagement, contracting and management of a project are between a Vendor and a BuViewer. Upon acceptance of a project, the Employer agrees to select, and the BuViewer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the project between Vendor and BuViewer, Project Description, and other terms and conditions as communicated between Vendor and Buviewer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website (collectively, the "Project"). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project in conflict with these Terms of Service becomes void. Vendor and BuViewer each covenants and agrees to act with good faith and fair dealing in performance of the Project.
2. Self-Government Vendor and BuViewer each acknowledges and agrees that their relationship is that of independent contractors. The BuViewer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between BuViewer and Vendor or between BuView.com, BuView and any Vendor or BuViewer.
Registered Users and BuView.com.
1. General. BuView.com is not a party to the dealing, contracting and fulfillment of any Project between a Vendor and a BuViewer. Buview.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of BuViewers to perform services, or that an Vendor or BuViewer can or will actually complete a Project. BuView.com is not responsible for and will not control the manner in which a BuViewer operates and is not involved in the selection, accepting, communicating or any other conditions of the BuViewer. BuView.com will not provide any BuViewer with any materials, tools, products, or services to complete any Project. Vendors and BuViewers must look solely to the other for enforcement and performance of all the rights and obligations arising a Project and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Project Agreement. Vendor and BuViewer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project. Vendor and BuViewer therefore appoint BuView.com as a third-party beneficiary of their Project for purposes of enforcing the obligations owed to, and the benefits conferred on, BuView.com by these Terms of Service. Vendors and BuViewers further agree that BuView.com has the right to take such actions with respect to the Project or their Accounts, including without limitation, suspension, termination, or any other legal actions, as BuView.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and BuView.com, except and solely to the extent expressly stated.
Upon the Vendor awarding a project to an iBuViewer, and the iBuViewer's acceptance on the Website, the Vendor and iBuViewer will be deemed to have entered into a User Contract under which the Vendor agrees to purchase BuView services, and the iBuViewer agrees to deliver the iBuViewer Services. You further agree not to enter into any contractual provisions in conflict with the User Agreement. You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Vendor or iBuViewer, or in any other uses you make of the Website. If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, BuView has no responsibility for enforcing any rights under a User Contract. Depending on their jurisdiction, iBuViewers and Vendors may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Each User acknowledges and agrees that the relationship between Vendors and iBuViewers is that of a passive conduit of members. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between BuView and the User.
TERM OF AGREEMENT; MODIFICATIONS.
You agree that BuView may modify this Agreement and the Services from time to time. You agree to be bound by any changes BuView may reasonably make to this Agreement when such changes are made. BuView may, at times, offer certain promotions with different features.
You agree to maintain accurate information by providing updates to BuView, as needed, while You are using BuView's Services. You agree You will notify BuView within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by BuView to determine the validity of information provided by You will constitute a material breach of this Agreement.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). For security purposes, BuView recommends that You change Your password and shopper PIN every six (6) months, for every BuView account, subject to BuView's password and PIN guidelines. You agree that You are entirely responsible for any and all activities that occur under Your account. You agree to notify BuView immediately of any unauthorized use of Your account or any other breach of security. You agree BuView will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by BuView or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. BuView specifically disclaims liability for any activity in Your account, whether authorized by You or not.
BuView respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. BuView may terminate accounts for copyright or trademark infringement, or for any other reason BuView deems appropriate as it may relate to Client's use of another's intellectual property.
BuView will not use copyrighted or trademarked materials with any Client's project without the express written consent of the copyright or trademark owner. It is the Client's responsibility to ensure that all content submitted to BuView is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client's project on any third-party copyright or trademark, including, but not limited to, any infringement due to project content, design or the look and feel of Client's submitted work. (See Unacceptable Practices).
Client content that is sent to BuView will remain the intellectual property of the Client. BuView does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed or kept with BuViewer. BuView will attempt to honor requests to return original content; however, BuView has no liability and does not guarantee the return of any content to Client.
You agree that BuView or its licensor holds all rights, title and interest in all Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services.
You understand and agree that all content and materials contained in this Agreement, other policies, the BuView website, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that BuView or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of BuView or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
CALL MONITORING AND RECORDING PRIVACY STATEMENT
As part of BuView' commitment to providing the best possible service BuView may monitor and record phone calls answered by BuView and made by BuView. BuView may also archive recorded voice mail messages. BuView records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows BuView to identify how BuView can better serve its customers.
As BuView strives to offer the very best service, there are certain guidelines and policies that must govern BuView' efforts and relationships with its clients.
Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of BuView' services. Such decisions are at the sole discretion of BuView. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
- Sexually oriented products or services (e.g. escort services), or other sexually oriented material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
- Lingerie projects
- Offensive or otherwise distasteful material
- Content or language that is harmful to minors in any way
- Bulk soliciting tools
- Distribution of internet viruses or other harmful or destructive activities
- Hacking and cracking
- Scams or phishing for personal information
- Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at BuView' discretion)
- Gambling, gaming, lotteries, and like activities
- Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another's privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
- Defamatory, hateful or revenge content or language.
- Aids to pass drug tests or aids to pass lie detector tests.
- Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism,
- Piracy, and all unauthorized use of materials or content that infringes on third parties' intellectual properties
- MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
- Reverse Funnel Systems
- Cash Gifting
- Illegal drugs or drug paraphernalia
- Prescription drugs and related content
- Alcohol sales
- Tobacco sales
- Miracle cures
- Fake documents
- Fireworks, pyrotechnics, firearms, explosives or weapons.
Intentional or unintentional violations of any applicable local, state, national or international law.
Reselling of any BuView services to third parties without a written re-seller agreement.
Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
Links to other sites that are in violation of BuView ' policies and guidelines
Other activities, whether lawful or unlawful, that BuView deems to be in poor taste or that reflect adversely on BuView or BuView' other clients
BuView reserves the right to refuse to accept any project at its sole discretion at anytime.
As a BuView Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) within Client's project is the sole responsibility of the Client. Client is fully responsible for all project content and agrees to hold BuView harmless in the event of third parties' legal issues brought against Client for Client's business practices. BuView retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. BuView may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by BuView for a TOS violation, the Client is not eligible for any compersation, or anyother form of consideration or reconsideration. (See Termination)
REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
BuView expressly reserves the right to deny or cancel any project that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of BuView, as well as its affiliates, subsidiaries, officers, directors and employees. BuView also reserves the right to freeze a Service during resolution of a dispute.
FTC REVIEW REGULATIONS COMPLIANCE
The Federal Trade Commission requires testing program participants to disclose that they have received products for complimentary testing purposes in all review materials. Please note that failure to abide by these rules may result in suspension from BuView. Because no one looks good in an orange jumpsuit, we've set out the following guidelines to help keep you on the right side of the law:
To comply with new regulations introduced by the Federal Trade Commission, please mention as part of every Web or retail site review that BuView® has provided you with a complimentary copy of this product. For example:
Disclosure of Material Connection: I received this product free from the vendor through the BuView®<http://www.buview.com> review program. I was not required to write a positive review. The opinions I have expressed are my own. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Filming a video? Do a dramatic reading of the following: “I received this product complimentary from BuView for testing purposes.” (This point also needs to be brought out strong on the BuViewer site within the website as well)
OVERVIEW AND DEFINITIONS
BuView.com is an online groundswell that enables vendors of product or services (“Employers”) to search for, and offer providers (“BuViewers” aka “Registered Users”) product or services exchanged for feedback.
BuViewers: Create free demographic profiles, obtain product or services, create feedback for our Vendors. We (BuView) may add, delete or modify some or all Product or Services at any time at our sole discretion with reasonable notice posted in advance on the Website.
“Account” means the account created by the user upon registration. Vendor’s Acceptance of Services. “Website” means the world wide website operated by BuView at http://www.BuView.com or any replacement URL.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User (Vendor or BuViewer), you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Vendors be financially responsible for your use of the Website and the delivery of product or services; (3) BuViewers perform your obligations as specified by any Vendor that you accept product or services from, unless such obligations are prohibited by law or by the Terms of Service. BuView reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
ACCOUNTS AND PROFILES
Buviewers can be non verified or verified. Verified BuViewers are endorsed with high priority for project selection. Non verified Buviewers can upgrade their profile status as outlined in Registration. By posting messages, uploading files, inputting data, uploading videos, or engaging in any other form of communication through BuView website, you grant BuView a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Additionally, You are prohibited from violating the security of any system or network comprising BuView.com. Such violations may result in criminal and civil liability.
Once you have registered with the Website as a either a Registered Vendor or BuViewer, the Website will create your Account with BuView and associate it with an account name and/or number. You may only create one profile under your Account. Audited duplicate user profiles will automatically disqualify all profiles. Verified BuViewers will be required to provide valid identification such as legible copy of drivers license or U.S. passport. No other forms of identification will be accepted for BuViewers. Non verified BuViewers do not have to provide valid identification.
To become a Registered Vendor and to access our demographic data base you must register for an Account. Likewise, to become a Registered BuViewer and to gain access to Free Product or Services you must complete a Free demographic profile. You accordingly agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
USERNAME AND PASSWORD
During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize BuView to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
VENDOR AND BUVIEWER
BuView is not liable for any statements, representations, descriptions, comments or opinions provided by BuViewers in Reviews posted to a Website. Reviews are for informational purposes only. Under no circumstances will BuView or any BuViewer be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of BuView or the use of any content posted in a Review. You (Vendors and Buviewers) are solely responsible for all Reviews that you upload, post, email or otherwise transmit via BuView.com and/or to any Website. You assume all risks associated with your Reviews. Once Reviews are submitted to BuView, we may take any or no action with respect to such Reviews, including, without limitation, rejecting or refusing to pass such Reviews onto our Vendors or BuViewers at our sole discretion.
The engagement, contracting and management of a project are between the Vendor, BuView, and the BuViewers. Vendors cannot enter into any contractual provisions in conflict with these Terms of Service. Any provision of an Agreement in conflict with these Terms of Service is void. BuView is responsible for managing, delivering, satisfactory services and products in accordance with the Agreement. BuViewers are responsible for accurately writing responses to Vendor supplied questions regarding the performance and quality of the product or services supplied in accordance with the project Agreement in a timely manner. Vendor and BuViewer each covenants and agrees to act with good faith and fair dealing in performance.
THIRD-PARTY BENEFICIARY OF PROJECT AGREEMENT
Vendors and BuViewers each acknowledges and agrees that the value, reputation, and goodwill of the project depend on their performance of their covenants and agreements as set forth in this Agreement. Vendors and BuViewers therefore appoint BuView as a third-party beneficiary for purposes of enforcing the obligations owed to, and the benefits conferred on, BuView by these Terms of Service. Vendors and BuViewers further agree that BuView has the right to take such actions with respect to this Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as BuView in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and BuView, except and solely to the extent expressly stated.
When a BuViewer completes a Review for a Vendor, the BuViewer will complete the electronic review form and submit it to BuView via the Website. A BuViewer must complete and submit an electronic review to BuView for each and every Review. Such Review details will not be final until and unless BuView has confirmed the correctness of the Review Details. BUVIEW ENCOURAGES ALL BUVIEWERS TO PROVIDE CORRECT REVIEW DETAILS. Incomplete, missing, meaningless, senseless, illogical, or other discerned reviews will be rejected by BuView, and sent back to the BuViewer to correctly complete. Once BuView accepts a submitted review, BuView will then submit the Review to the Vendor and the Vendor shall submit the acceptance of specified Review to BuView.
CONTRACT SERVICE PROVIDERS
BuView may contract with BuViewers to complete a portion, or all of the Client's project. The Client agrees not to do business directly with the BuViewers for services. BuViewers are provided only with the information needed to complete the review portion of the Client's project and do not have access to Client's personal information.
LIMITATION OF LIABILITY .
CLIENT UNDERSTANDS AND AGREES THAT BUVIEW, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BUVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE BUVIEW' SERVICES, RELIANCE ON BUVIEW' SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BUVIEW' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH BUVIEW' SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO BUVIEW' SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO BUVIEW' SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall BuView be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
DISCLAIMERS OF WARRANTIES
You acknowledge that BuView has no control over, and no duty to take any action regarding: which iBuViewers gain access to or use the Services; what effects the content on or in connection with the Services may have on you; how you may interpret or use the content on or in connection with the Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Services. You release BuView from all liability for you having acquired or not acquired content or information through the Services. BuView makes no representations concerning any content contained in or accessed through the Services, and BuView will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. BuView makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER BUVIEW NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY CONTENT PROVIDER SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BUVIEW, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE AND SERVICES. IN NO EVENT WILL BUVIEW OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL BUVIEW OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE AND SERVICES. ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUVIEW OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, BUVIEW DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BUVIEW'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BUVIEW SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND BUVIEW HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
BuView has no control over and no duty to take any action regarding: other users' behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release BuView from all liability for you having acquired or not acquired Content through the Site and Services. BuView makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site and Services, and BuView will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services. You further acknowledge and agree that BuView 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, or services available on or through any such site or resource.
CLIENT'S USE OF BUVIEW' SERVICES IS AT CLIENT'S OWN RISK. BUVIEW SERVICES ARE PROVIDED "AS IS". BUVIEW DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BUVIEW DISCLAIMS ANY WARRANTIES REGARDING BUVIEW' SERVICES INCLUDING THAT THEY WILL MEET CLIENT'S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BUVIEW DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BUVIEW' SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. BUVIEW DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT'S PRODUCTS, SERVICES, SALES, OR WEBSITE. BUVIEW DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH BUVIEW' SERVICES, OR LINKS PROVIDED BY BUVIEW' SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY BUVIEW OR OBTAINED THROUGH LINKS PROVIDED THROUGH BUVIEW' SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BUVIEW' SERVICES ARE DONE AT CLIENT'S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
You agree to defend, indemnify and hold harmless BuView and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with BuView whether or not on Your behalf, and whether or not with Your permission) use of the Services You purchased from BuView or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold BuView harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should BuView be notified of a pending law suit, or receive notice of the filing of a law suit, BuView may seek a written confirmation from You concerning Your obligation to indemnify BuView. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that BuView shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify BuView of any such claim promptly in writing and to allow BuView to control the proceedings. You agree to cooperate fully with BuView during such proceedings.
You agree to cooperate fully with BuView during such proceedings. BuView takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if BuView is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Site Analytics account of Yours with BuView, that BuView, in its sole discretion, may take whatever action BuView deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This Agreement shall be deemed entered into in the State of Florida. You agree that the laws and judicial decisions of Seminole County, Florida, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Seminole County, Florida. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. You further waive actions of Judicial Jurisdiction.
You agree that all notices (except for notices concerning breach of this Agreement) from BuView to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with BuView. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to BuView shall be made either by email, sent to the address provided on the BuView website, or first class mail to BuView's address at:
Attn: Legal Counsel
5224 West State Road 46
Sanford, FL, 32771-9230.
BuView will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold BuView liable for any of the consequences of such interruptions.
BuView reserves the right to change at any time. Current open projects would not affected and grandfathered.
TERMINATION/CANCELLATION OF SERVICE
BuView, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if BuView believes Client has violated the TOS. BuView may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to BuView' services under any provision of this TOS may be effected without prior notice and that BuView may deactivate or delete Client's account and all related information files. Client agrees that BuView shall not be liable to Client or any third-party for any termination of services.
TORT CLAIMS AND OTHER CLAIMS
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against BuView, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against BuView in Client's individual capacity and not as a member of a class.
BuView is not responsible for NOT meeting client imposed deadlines that have not been pre-approved by both parties in writing. BuView is not responsible for any delays that occur in meeting deadlines that result in client/customer providing incomplete, partial information/content or for clients providing late/delayed feedback or response.
CONTENT FOR YOUR PROJECT
Unless otherwise negotiated with BuView, the client is 100% responsible for providing the content (wording and information) for your project in a fully prepared format (able to be cut and pasted in to your questionnaire form). BuView is not responsible for editing, spell check or grammar errors. BuView is not responsible for delays to your project as a result of the client either NOT providing or providing incomplete content. Content will also include required PHOTOS that you want included on your project. Client is responsible for providing photos or photo direction to BuView.
Projects which are left inactive, without notifying BuView, prior to, for more than 2 months, are subject to an Inactivity, and will be closed.Vendor will have to repost post project subject to approval.
BuView may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
AFFILIATED COMPANIES OR NAME CHANGE
BuView reserves the right to subcontract services or assign the ongoing servicing of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of BuView LLC, it's DBAs or any other affiliated companies, or any condition, merger or acquisition of BuView LLC and shall be automatically assigned to any successor entity of BuView LLC and shall continue in effect thereafter in accordance with its terms.
COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of BuView, including all website screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by BuView in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of BuView is strictly prohibited.
Copyright © 2013-2014 by BuView, Inc. All rights not expressly granted herein are reserved.
Any questions concerning these Terms and Conditions should be directed to:
5224 West State Road 46
Sanford, FL, 32771-9230.
Fax to: (469) 574-2830
buviewer terms about completing task and not stealing products.
You authorize BuView, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. The Site reserves the right to close, suspend, or limit access to your User Account and/or BuView Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.
BuView does not offer any form of insurance or other Vendor or BuViewer protection, which will assist you.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
DMCA: Digital Millennium Copyright Act
If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Copyright page for information on how to make a claim. Claims will be processed in accordance with United States law.
Which means: Go to the Copyright page for legal guidelines, contact us, and we’ll respond ASAP.
Please submit reports of any violations to our support department.