Consumer Terms of Use
Last Updated: 07/20/2016

PLEASE READ THIS CONSUMER TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF BUYR.COM (THE “COMPANY”), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY THE COMPANY OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT The Terms are subject to change by THE Company in its sole discretion at any time.  When changes are made, the Company will make a new copy of the Terms of Use available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application.  We will also update the “Last Updated” date at the top of the Terms of Use.  If we make any material changes, and you have registered with us to create an Account (as defined in Section 4.1 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.  Any changes to the Terms will be effective immediately for new Users of the Website and the Services (as these terms are defined herein) (collectively, the “Company Properties”) and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 4.1 below).  The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Company Properties is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Company Properties.  Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. Services Connect Buyers and Sellers.  The Company provides a marketplace that allows Users to offer, sell and buy items.  As a marketplace, we do not own or sell the items listed on the Website, so the actual contract for sale is directly between the individuals seeking to sell items (“Sellers”) and individuals seeking to buy items (“Buyers”).
  2. Company Only Provides a Venue.  While the Company may provide pricing and guidance in our Services, such information is solely informational.  We do not take part in the interaction between Users.  We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any ratings or reviews provided by Users, items sold by Sellers, or of the integrity, responsibility, or any actions of any Users.  The Company makes no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions.  

NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.  THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE COMPANY PROPERTIES.

  1. Use of the Services and Company Properties.  The Company Properties and the information and content available on the Company Properties are protected by copyright laws throughout the world.  Subject to the Terms, the Company grants you a limited license to reproduce portions of the Company Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by the Company in a separate license, your right to use any Company Properties is subject to the Terms.
  1. Certain Restrictions.  The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties. Any future release, update or other addition to the Company Properties shall be subject to the Terms.  The Company, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.
  2. Third-Party Materials.  As a part of the Company Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for the Company to monitor such materials and that you access these materials at your own risk.
  1. Registration.
  1. Registering Your Account.  In order to access certain features of the Company Properties you may be required to become a Registered User.  For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).
  2. Registration Data.  In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (i) at least eighteen (18+) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You may not share your Account or password with anyone, and you agree to (x) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (y) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Company Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Company Properties if you have been previously removed by the Company, or if you have been previously banned from any of the Company Properties.
  3. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to the Company Properties, including but not limited to, a mobile device that is suitable to connect with and use the Company Properties, in cases where the Services offer a mobile component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Company Properties.  
  1. Purchases and Payment Policy.  If you wish to purchase any products through the Website, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. All purchases through the Website are inclusive of sale tax, if any. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
  1. Refunds.  If any product purchased through the Website is defective, damaged, faulty, refurbished, used or broken, or if you are otherwise dissatisfied with the product for any reason, please contact us at support@buyr.com within thirty (30) days of the date of purchase (i.e. the date your offer or “Buy Now” offer, as a Buyer, is accepted) for the applicable product and follow the return steps set forth in the Terms of Sale.
  2. Transactions.  Users of the Services contract directly with other Users.  The Company will not be a party to any contracts between Users.  The Company facilitates these contracts by supplying a medium for the exchange of money.  Payment will be processed at the end of a completed sale transaction.  All payments must be made through the Services. In participating in any purchase of an item, you agree to purchase such item in accordance with the Terms of Sale.
  1. Buyer Conditions.  When buying an item, you agree to the rules for Buyers and that:
  1. You are responsible for reading the full item listing before making a bid or commitment to buy.
  2. You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted), the terms of which are governed by the Terms of Sale.
  3. We do not transfer legal ownership of items from the Seller to the Buyer.
  4. Colorado C.R.S. §4-2-401(2) and Uniform Commercial Code §2-401(2) apply to the transfer of ownership between the Buyer and the Seller unless the Buyer and the Seller agree otherwise.
  1. Release.  The Company expressly disclaims any liability that may arise between Users of its Services.  The Services are only a venue for connecting Users. Because the Company is not involved in the actual contract between Users or in the completion of the sale, in the event that you have a dispute with one or more Users, you release Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  2. Responsibility for Content.  You acknowledge that the Company has no obligation to pre-screen Content (including, but not limited to, User Content), although the Company reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  In the event that the Company pre-screens, refuses or removes any Content, you acknowledge that the Company will do so for the Company’s benefit, not yours.  Without limiting the foregoing, the Company shall have the right to remove any Content that violates the Terms or is otherwise objectionable.  As used herein, “User Content” means any Content uploaded to, posted on, transmitted or otherwise made available by third parties through the Company Properties.
  3. Referrals. The terms and conditions of this Section 9 (“Program Terms”) are applicable to the Buyr Referral Program (the “Program”). Under the Program, the Company offers its Registered Users the opportunity to provide their friends, family or other individuals (each, a “Prospective User”) with a unique referral ID link (“Personal Link) that a Prospective User can use to sign up for an Account. For each Qualified Referral (defined below) generated through the Registered User’s Personal Link, the Registered may receive a Company credit (“Credit”) as specified on Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.
  1. Condition of Participation.  Registered Users and Prospective Users that wish to take part in the Program are bound by these Program Terms. If you do not agree and abide by these Program terms in their entirety you are not authorized to participate in the Program. Registered Users and Prospective Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to amend or modify these Program Terms at any time, and the methods through which any Credits may be earned. We reserve the right to disqualify any Registered User or Prospective User at any time from participation in the Program.  No part of the Program is directed at persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
  2. Privacy. Prospective Users that wish to use a Registered User’s Personal Link must submit personal information about themselves, such as name and email address information, so that the Company can track the Registered User’s Personal Link to their account and prescribe them the Credit.  The personal information will be collected, processed and used in accordance with the Company’s Privacy Policy, which can be found at: Privacy Policy. In addition, personal information provided by the Prospective User may be used by the Company or its service provider, on the Company’s behalf, to contact Registered Users and/or Prospective Users in regard to their participation in the Program and to receive email communications from the Company about its products and services. The Company may send out additional follow-up communications to either the Registered User or Prospective User to encourage or remind them to refer more Prospective Users, complete the registration process or complete their first purchase on the Company Properties. By participating in the Program, Registered Users consent to receive such communications by email.
  3. How the Program Works
  1. Program Participation. Generally: To participate, a Registered User shall provide the Prospective User with the Registered User’s Personal Link. The Prospective User must click on the Personal Link and complete the sign up in the same session. If the Prospective User does not complete the sign up in the same session, the Registered User will be not be credited for that referral and will not be eligible for the Credit, even if the Prospective User subsequently signs up for an Account. For purposes of clarification, completion of sign-up in the same session means clicking the Personal Link provided by Member and completing Company service sign-up within a reasonable period of time and without the Prospective User closing their Internet browser or pressing the back button.
  2. Eligible Registered Users. To be eligible for the Program and to receive Credits, a Registered User must:
  1. Be a legal resident of the United States;
  2. Be at least 18 years old;
  3. Have provided the Prospective User with their correct unique Personal Link; and
  4. Have a Account in good standing with Company.
  5. Employees of the Company, its service providers or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
  1. Making a Referral.
  1. Registered Users can refer Prospective Users by giving their Personal Link to the Prospective User. Once a Prospective User uses a Registered User’s Personal Link and successfully completes the signup process for the Company services, the Registered User may receive a communication from the Company confirming that the Prospective User has signed up. The confirmation communication to the Registered User shall include some of the Prospective User’s personal information provided to Company such as name and email address. A Registered User’s failure to receive such a confirmation communication means that the Prospective User failed to complete the signup process (during the same session, or at all) and no Credit will have been earned. The Registered User and/or the Prospective User may email Company any comments or questions in regard to a failed referral, but whether to award Registered User the Credit shall be at Company’s sole discretion. Prospective Users must satisfy the requirements of these Terms and Conditions and consent to receiving communications from the Company. Registered Users may not refer themselves.
  2. For purposes of emphasis and clarification, by using a Personal Link, a Prospective User acknowledges and affirms his/her understanding that some of his/her personal information, including but not limited to his/her name and email address, may be sent to the Registered User who provided the Personal Link as confirmation of the Prospective User’s successful referral and sign-up with the Company. Accordingly, the Company strongly advises that Prospective Users only use a Personal Link they receive from someone whom they personally know and trust. For their own security, Prospective Users should not use a Personal Link if they receive it from an unknown, untrusted, or public source, such as an Internet forum.
  1. Qualified Referrals. A Qualified Referral means that all of the following conditions are met:
  1. The Prospective User (a) completed the registration process for an Account using the Registered User’s Personal Link, or (b) purchased an item listed on the Company Properties [within ___ days after having completed the registration process for an Account using the Registered User’s Personal Link]. If a Prospective User registered for an Account using any other link or method, the registration will not count as a Qualified Referral and the Registered User will not be rewarded a Credit. Only the Prospective User’s initial purchase of an item listed on the Company Properties will be rewarded with a  Credit, and Registered Users will not be entitled to any Credits for any subsequent purchases;
  2. The Prospective User was not previously registered with the Service under any other email address or alias; and
  3. The Prospective User is a) at least 18 years old; b) meets the eligibility requirements to become a Registered User of the Company Services; and c) has consented to receiving communications from the Company.
  1. Earning Credits. Registered User shall receive a ten dollar ($10) Credit for each verified Qualified Referral generated through the Registered User’s Personal Link. The actual Credit will be determined by Company in its sole discretion as specified on its Credits Page. If the Credit consists of credit, such credit may only be applied in the amount specified by Company towards the Registered User’s purchase of future services from Company. A Registered User may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by Company and it is in the sole discretion of Company as to the legitimacy and validity of such Qualified Referral.
  2. Verified Qualified Referrals. All Credits are subject to verification. The Company may delay a Credit for the purposes of investigation. Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or Company believes will impose potential liability on Company beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Company may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Company’s control. Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
  3. Value of Credit. Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. Company may cancel, amend or revoke the Credit at any time for any reason.
  4. Transfer of Credits. Credits are personal to the Registered User and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Registered User’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Registered User are forfeited.
  1. Liability. By participating in the Program, both Registered Users and Prospective Users agree:
  1. To Defend, indemnify, release and hold harmless the Company, its service providers and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit);
  2. To Receive communications from Company from time to time; and
  3. That Company shall not be liable for:
  1. Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;
  2. Data corruption, theft, destruction, unauthorized access to or alteration of account information or other materials;
  3. Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
  4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
  5. Claims, demands, and damages in disputes among users of the Program.
  1. Conduct.
  1. Prohibited Conduct, Generally: Registered Users agree not to use the Program to:
  1. Violate applicable law;
  2. Stalk, harass, or harm another individual;
  3. Collect or store personal data about other Registered Users;
  4. Impersonate any person or otherwise misrepresent Registered User's identity;
  5. Interfere with, disrupt or violate the Program Terms or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
  6. Interfere with another Registered User's use of the Program;
  7. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  8. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  9. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  10. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;
  11. Submit personal information relating to third parties to the Program without the consent of those third parties.
  1. Bulk Distribution (“Spam”)
  1. If a Registered User provides a Personal Link to a Prospective User by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Registered User’s Personal Link, the Prospective User represents that he/she has given consent to Company to send Registered User his/her personal information such as full name and email address.
  2. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Registered User’s account and deactivation of the Personal Link. We have a zero-tolerance spam policy.
  3. The Company has no obligation to monitor the content provided by Registered Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
  1. Fraudulent and Suspicious Behavior
  1. The Company may prohibit a Registered User from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Registered User, either directly or indirectly is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices that would in any way annoy, abuse, threaten or harass any other users or representatives of the Company.
  2. Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Registered User’s disqualification from the Program.
  3. Registered Users may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
  4. The Company reserves the right to disqualify any Registered User and/or cancel any Credit(s) if they determine a Registered User has tampered with the operation of the Program or violated these Program Terms.

The Company reserves the right to suspend, disqualify or terminate any Registered User’s or Prospective User’s participation in the Program and forfeit any Credits or credits earned if the Registered User or Prospective User is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section 5. If Registered Users have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and the Company is unable to find a solution to restore the integrity and credibility of the Program, then the Company may in its sole discretion cancel, change or suspect the Program.

CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.

  1. Ownership.
  1. Company Properties.  Except with respect to User Content, you agree that the Company and its suppliers own all rights, title and interest in the Company Properties (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Properties.
  2. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.
  3. Your Profile.  Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
  4. License to Your Content.  You grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display any Content uploaded to or made available by you to the Service, for the purposes of operating and providing the Services to you and other users.
  5. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Company Properties.
  6. Reviews.  The Services host User Generated Content that is related to reviews of certain Users.  Such reviews are opinions and are not the opinion of Company, have not been verified by Company, and each User should undertake his or her own research to be satisfied concerning any specific User.  You agree that Company is not liable for any User Generated Content.
  1. User Conduct.  While using or accessing the Company Properties you agree that you will not, under any circumstances:
  1. Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your Account status;
  2. Interfere with or damage Company Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
  3. Fail to pay for items purchased by you, unless the Seller has materially changed the item’s description after your bid, a clear typographical error is made, or you cannot contact the Seller;
  4. Manipulate the price of any item or interfere with other Users’ listings;
  5. Post false, inaccurate, misleading, defamatory or libelous content;
  6. Take any action that may undermine our feedback or ratings systems;
  7. Transfer your Account and username to another party without our consent;
  8. Bypass our robot exclusion headers, interfere with the working of the Company Properties, or impose an unreasonable or disproportionately large load on our infrastructure;
  9. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  10. Use the Company Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
  11. Upload, transmit or otherwise make available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
  1. Investigations.  The Company may, but is not obligated to, monitor or review the Company Properties and Content at any time.  Without limiting the foregoing, the Company shall have the right, in its sole discretion, to remove any of User Content for any reason (or no reason), including if such Content violates the Terms or any applicable law.  Although the Company does not generally monitor User activity occurring in connection with the Company Properties or Content, if the Company becomes aware of any possible violations by you of any provision of the Terms, the Company reserves the right to investigate such violations, and the Company may, at its sole discretion, immediately terminate your license to use the Company Properties, or change, alter or remove User Content, in whole or in part, without prior notice to you.
  2. Interactions with Other Users.
  1. User Responsibility.  You are solely responsible for your interactions with other Users of the Company Properties and any other parties with whom you interact through the Company Properties; provided, however, that the Company reserves the right, but has no obligation, to intercede in such disputes.
  2. Content Provided by Other Users.  The Company Properties may contain User Content provided by other Users.  The Company is not responsible for and does not control User Content.  The Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other Users at your own risk.
  1. Third-Party Services.  The Company Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”).  When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Company Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites are not under the control of the Company.  The Company is not responsible for any Third-Party Websites & Ads.  The Company provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services.  You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  2. Indemnification.  You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Content you upload or transmit to, or otherwise make available on the Service; (b) your use of, or inability to use, the Company Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations.  The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.  You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.
  3. Disclaimer of Warranties.
  1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND THE COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  1. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE CONTENT AVAILABLE ON OR WITHIN THE COMPANY PROPERTIES OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE COMPANY PROPERTIES WILL BE CORRECTED.
  2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  5. From time to time, THE Company may offer new “beta” features or tools with which its users may experiment.  Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at THE Company’s sole discretion.  The provisions of this section apply with full force to such features or tools.
  1. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  1. The Company makes no warranty that the goods provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  The Company makes no warranty regarding the quality of any such goods, or the accuracy, timeliness, truthfulness, completeness or reliability of any User content obtained through the Company Properties.
  2. We are not involved in the actual transaction between Buyers and Sellers.  While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users’ content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for item, or that Buyer or Seller will actually complete a transaction or return all items.
  3. We do not transfer legal ownership of items from the Seller to the Buyer.  Colorado C.R.S. §4-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise. Further, we cannot guarantee continuous or secure access to the Company Properties and operation of the Company Properties may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
  1. No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.  THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMPANY PROPERTIES.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES.
  1. Limitation of Liability.
  1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
  2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).
  3. Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS  MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  4. User Content.  THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
  5. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
  1. Procedure for Making Claims of Copyright Infringement.  It is the Company’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to the Company by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Company Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Company Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; and (6) 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.  Contact information for the Company’s Copyright Agent for notice of claims of copyright infringement is as follows: DMCA Agent, 625 Main Street Suite 1B Louisville, CO 80027.
  2. Termination and Suspension.  Company may terminate or suspend your right to use the Company Properties at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.  We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Services.  Without limitation, the Company may terminate or suspend your right to use the Company Properties if you breach any provision of the Terms or any policy of the Company posted through the Company Properties from time to time; if the Company otherwise finds that you have engaged in inappropriate and/or offensive behavior; if Company believes you are creating problems or possible legal liabilities; if the Company believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if the Company believes you are infringing the rights of third parties; if the Company believes you are acting inconsistently with the spirit of these Terms; if despite our reasonable endeavors, the Company is unable to verify or authenticate any information you provide; or if you fail to pay all amounts charged to your Account by the payment due date. In addition to terminating or suspending your Account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.  Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.
  3. Remedies.
  1. Violations.  If the Company becomes aware of any possible violations by you of the Terms, the Company reserves the right to investigate such violations.  If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Company Properties in the Company’s possession in connection with your use of the Company Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that User Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
  2. Breach.  In the event that the Company determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Company Properties, the Company reserves the right to:
  1. Warn you via e-mail (to any e-mail address you have provided to the Company) that you have violated the Terms;
  2. Delete any of Content provided by you or your agent(s) to the Company Properties;
  3. Discontinue your registration(s) with any of the Company Properties, including any Services or any Company community;
  4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
  5. Pursue any other action which the Company deems to be appropriate.
  1. No Subsequent Registration.  If your registration(s) with or ability to access the Company Properties, or any other Company community is discontinued by the Company due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Company Properties or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Company Properties to which your access has been terminated.  In the event that you violate the immediately preceding sentence, the Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  1. General Provisions.
  1. Electronic Communications.  The communications between you and the Company use electronic means, whether you visit the Company Properties or send the Company e-mails, or whether the Company posts notices on the Company Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
  2. Release.  You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties or any transaction or interaction between you and a Seller, including but not limited to, any claims of products liability, strict liability, or negligence arising from or related to any item(s) purchased by you from any Seller.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
  3. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  4. Force Majeure.  The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  5. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Company Properties, please contact us at support@buyr.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  6. Limitations Period.  YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE COMPANY PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  7. Dispute Resolution. 
  1. Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed, all arbitration proceedings will be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  2. Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 625 Main Street Suite 1B, Louisville, CO 80027.  After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
  3. Arbitration Rules.  Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com/.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
  4. Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
  5. Time Limits.  If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
  6. Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.
  7. Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  8. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  
  9. Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  10. Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
  11. Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  12. Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company.  
  13. Small Claims Court.  Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
  14. Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
  15. Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
  16. Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado, for such purpose.
  1. Governing Law.  The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  
  2. Notice.  Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address.  In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to the Company at the following address: 625 Main Street Suite 1B, Louisville, CO 80027.  Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first className postage prepaid mail at the above address.
  3. Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  4. Severability.  If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  5. Export Control.  You may not use, export, import, or transfer the Company Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Company Properties, and any other applicable laws.  In particular, but without limitation, the Company Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Company Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Company Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  6. Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  7. Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

End of Terms 

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