1. The Site . The Site provides a number of different services to assist you in comparison shopping for products and services on the Site. We provide information about products offered by third party sellers and service providers, including product specifications, pricing, and pictures, as well as links to the websites of such third parties. However, we do not sell, resell, or license to our visitors any of the products or services that we list on the Site, and we disclaim any responsibility for or liability related to such products or services. Accordingly, if you have a question, complaint or claim about a specific merchant or its products and/or services, you must direct such question, complaint and/or claim to such merchants and not to us. If you have a dispute with any merchant, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
2. Payment Services . As a service to certain sellers, we may facilitate payment for products through a third party payment processor (such as PayPal). Under such circumstances, we are not a seller, and you are entering into an agreement to purchase the products directly from the particular seller and all returns will be subject to the policies of the sellers. If you have a dispute with any such seller, we may in our discretion assist to resolve the dispute. However, we take no responsibility for any such resolution.
3. Site Information and Content . budkoo.com does not warrant that product or service descriptions, pricing, editorial commentary, articles, brochures, graphics, photos, sounds, videos, interactive features, and or any other content of the Site (collectively, the "Content"), regardless of its source, is accurate, complete, reliable, current or error-free. Site Content is provided for informational purposes only and budkoo.com does not endorse any product, service, seller, service provider or any reviews or comments of such products or services, regardless of the source of such reviews or comments.
4. Third Party Sites .
4.2. Links to the Site . budkoo.com permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with budkoo.com or our affiliated companies or present any false information about budkoo.com or our affiliated companies and shall not imply in any way that we endorse any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with this Agreement and applicable law.
6. Site Access. For such time as this Agreement is in effect, we hereby grant you permission to visit and use the Site provided that you comply with this Agreement and applicable law.
7. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
8. Intellectual Property Rights.
8.1. Content and Marks The Content on the Site, and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of budkoo.com and/or its licensors or affiliated companies and may be protected by applicable copyright or other intellectual property laws and treaties. “Budkoo”, the Budkoo logo, and other marks are Marks of budkoo.com or its affiliated companies. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
8.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
9. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of budkoo.com, its users or the public.
11. Warranty Disclaimers
11.1. This Section 11 applies whether or not the services or Content provided by or through the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
11.2. THE SITE, THE SERVICES PROVIDED ON THE SITE, AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Budkoo.COM AND OUR AFFILIATED COMPANIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, budkoo.com AND OUR AFFILIATED COMPANIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR THE CONTENT. budkoo.com AND OUR AFFILIATED COMPANIES DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT budkoo.com AND OUR AFFILIATED COMPANIES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
12. Limitation of Liability.
12.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, budkoo.com AND OUR AFFILIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED, TO LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:
12.1.1. YOUR USE OR INABILITY TO USE OUR SITE;
12.1.2. PRICING, SHIPPING OR OTHER GUIDANCE PROVIDED BY US OR OUR AFFILIATED COMPANIES;
12.1.3. PRODUCTS PROVIDED BY THIRD PARTY MERCHANTS OR SERVICE PROVIDERS;
12.1.4. THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR THIRD PARTY MERCHANTS’ PRODUCTS AND/OR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS; OR
12.1.5. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO, OUR SITE OR OUR THIRD PARTY MERCHANTS’ SITES;
12.2. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 SHALL APPLY: (i) EVEN IF budkoo.com OR OUR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (ii) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (iii) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.
13. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Site and enhance your experience with the Site. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our Site.
14. Indemnity You agree to defend, indemnify and hold harmless budkoo.com and our affiliated companies, and our and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of this Agreement.
15. Term and Termination. This Agreement is effective until terminated by budkoo.com or you. budkoo.com, in its sole discretion, has the right to terminate this Agreement and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of this Agreement). budkoo.com shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of this Agreement, you shall cease all use of the Site. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
16. Independent Contractors. You and budkoo.com are solely independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and budkoo.com. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of budkoo.com.
17. Assignment. This Agreement (and any rights and obligations hereunder) may not be assigned by you, but may be assigned by budkoo.com without restriction or notification to you. Any unauthorized assignment shall be null and void.
18. General. budkoo.com reserves the right to discontinue or modify any aspect of the Site at any time. This Agreement and any dispute relating to the Site or this Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You hereby irrevocably submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, budkoo.com may seek injunctive relief in any jurisdiction. This Agreement shall constitute the entire agreement between you and budkoo.com concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction: (i) the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect; and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and duly signed by the waiving party. All section and sub-section headings used in this Agreement are for convenience only, and shall not be relied upon or used in interpreting this Agreement. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Last updated: June 9, 2015