A. Welcome to ibuynepa.com! The following are the terms and conditions governing the use of the ibuynepa.com website (the "Website") and the ibuynepa.com services (the "Services"). Your use of the Website, the Services and/or the creation of an account with ibuynepa.com will signify acceptance of these terms and conditions and will constitute a binding agreement (the "Agreement") between you and ibuynepa.com. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by agreeing to these terms and conditions will you be able to access and use the Website and/or the Services.
B. You agree that by utilizing the Service and/or the Website, or by otherwise creating an account with ibuynepa.com, you are accepting the following terms and conditions for your use of the Service and/or Website. You further agree that if you do not agree with any of the following terms and conditions, you shall promptly leave the Website, exit the Service and not utilize either whatsoever.
C. You further agree that these terms and conditions and may be modified at any time at ibuynepa.com's discretion and your continued use of the Services following these modifications will signify your acceptance of the modified terms and conditions.
A. Subject to these terms and conditions and further subject to your compliance therewith ibuynepa.com will provide the Services to you at its sole discretion. ibuynepa.com reserves the right to modify, suspend or terminate the Services or your access thereto at any time for any reason without notice or refund, including the right to require you to change your login identification code or password, if any. ibuynepa.com also reserves the right to delete all program and data files associated with your account and/or other information you have on our system.
B. In the event of expiration or termination of this Agreement for any reason, you will have no right to use or access the Services and all outstanding fees owed by you to ibuynepa.com or to any of its partners, vendors, affiliates through your use of the Website or Services shall become immediately due and payable.
C. ibuynepa.com makes no guarantee of the Website or Services' availability at any certain times or for any certain amount of time. The Website and Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Website or Services resulting from conditions of events outside the reasonable control of ibuynepa.com and for which ibuynepa.com will bear no responsibility.
A. You shall pay all amounts owed hereunder to ibuynepa.com in accordance with any fee schedules and any payment schedules established on the Website or otherwise in conjunction with the Services. Unless otherwise stated, all fees are to be quoted in U.S. Dollars. For any amounts not paid when due ibuynepa.com will be entitled to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses' cost or other collections costs of any kind incurred by ibuynepa.com hereunder.
B. We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. Our service offers two option for payment, 365 per year - Paid now or 4 payments of $100 - billed Quarterly. You will be given the opportunity to pay by credit card or by check when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full quarterly charges for the quarter for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.
A. You agree to be bound by certain rules that are important for the proper use of the Website and the Services. Your failure to follow these rules, whether listed in this Agreement or in bulletins posted at various points on the Website or within the Services, may result in termination of your access to thereto. If applicable, you agree not to tell others your password or let your account be used by anyone except yourself. You also agree that you shall not use the Website or Services in any manner that is not permitted by these terms or that violates any law, regulation or statute in an applicable jurisdiction. You further agree that you will not use the Website or Services to engage in any illegal or tortuous activity; violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or publish or distribute in any manner any content that is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to ibuynepa.com in its sole discretion.
B. You agree not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website or Services, or obtain any services or information not intentionally made available to you by ibuynepa.com on or through the Website or Services. You shall not attempt to gain unauthorized access or otherwise interfere with any other party's use of the Website or Services and you shall not use any false or misleading information in conjunction with the Website or Services.
A. ibuynepa.com gives full respect to your privacy and confidential information. Except as otherwise provided for herein, ibuynepa.com does not give away, rent, or sell any information to third parties regarding your name, e-mail address, or other information you send us through purchasing products, inquiries, submitting URLs, or subscribing to any mailing lists.
B. Third parties and third party websites found or associated with the Website or Services have their own privacy policies that you should become familiar with before submitting any information to them. This policy does not apply to the practices of individuals or entities that ibuynepa.com does not own or control, or to people that ibuynepa.com does not employ or manage, and ibuynepa.com is not responsible for what they do with the personal information you submit to them.
C. We automatically track certain information about you based upon your use of the Website and Services. We use this information to conduct internal research on our users' demographics, interests, and behavior to better understand and serve our users. This information is compiled and analyzed on an aggregate basis. ibuynepa.com uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, conduct research and provide reporting. We disclose aggregate information about our users to advertisers and for other marketing and promotional purposes (such as Website traffic totals). However, we do not disclose any personally identifying information to any of these entities except in accordance with these terms and conditions.
D. In addition, we may use ''cookies'' on certain pages of our site. Cookies are small files that can be used to track a user's steps or automatically generate a user's password. Some features of the Website may only be available through the use of a cookie. Among other things, cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Cookies are stored on your hard drive, not on our site. Most cookies are automatically deleted at the end of a session. You may decline our cookies if your browser permits, although your use of the site may then be restricted (as noted above).
E. We use practices that are consistent with industry standards to protect your privacy. We cannot, however, promise that your personally identifiable information or private communications will remain private. For example, third parties may unlawfully intercept or access transmissions or private communications. We do not sell or rent any personally identifiable information about you to any third party.
F. We may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. We also reserve the right to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
G. Moreover, for any communications on the ibuynepa.com system, such communications are in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor such communications from time to time. Therefore, you should not expect to have a right to privacy in any of your communications involved with the Services.
A. Except as otherwise expressly stated therein, all aspects of the Website and Services, such as title, ownership rights, intellectual property rights, and any accompanying documentation are the property of ibuynepa.com. You use of the Services and/or Website is not a sale of any aspects of the Website, the Service, any content, code or any of the relevant documentation. The Website and Services contains material that is derived in whole or in part from ibuynepa.com and other sources and is protected by international copyright, trademark and other intellectual property laws. All such materials used throughout the Website and Services are property of their respective owners. Absent the appropriate express permissions, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, reverse engineer, decompile or dissemble in any way any aspects of or materials from this Website or Services, including, but not limited to, photos, text, artwork and/or code.
B. By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
You hereby represent and warrant the following:
A. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND IBUYNEPA.COM MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED THEREBY.
B. Furthermore, ibuynepa.com is not responsible for any products offered and/or ordered on the Website (the "Products"), which are offered, sold or shipped by third party vendors. In addition, ibuynepa.com is not responsible how you may use the Products. Negligent or improper use of the Products increases the likelihood of damage or injury. Ibuynepa.com does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or product represented on the Website or within the Services. Additionally, prices for the Products located on the Website or within the Services are subject to change up until the point that said Products are actually ordered by a customer.
C. For any advertisements (i.e. "ads") displayed on the Website or within the Services, those ads are controlled by the related third party advertiser and the views of any third party advertiser are owned by them and do not reflect the views of ibuynepa.com. Should you need to give feedback on an ad or your experience with a third party advertiser, you should contact the advertiser directly. It is also your responsibility to discern the accuracy of any advertising claim before submitting your information to any third party site. We do not endorse any third party ad or website; are not responsible for the content or availability of any third-party ad or website; do not warrant or guarantee the information, services, or products found on any third party ad or website; and do not recommend any product or service found on any third-party ad or website. Reviews of specific products or services published on the Website or within the Services are for informational purposes only.
YOUR USE OF THE WEBSITE AND/OR SERVICES IS ENTIRELY AT YOUR SOLE RISK. IN NO EVENT SHALL IBUYNEPA.COM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR AFFILIATES BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE WEBSITE OR SERVICES, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING THEREIN, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF IBUYNEPA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Pennsylvania, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of Pennsylvania. In addition, you agree to submit to the jurisdiction of the courts of the Pennsylvania, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the Pennsylvania.
A. Except as otherwise provided for herein, this Agreement contains the entire understanding among you and ibuynepa.com with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements, or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
B. ibuynepa.com reserves the right to change these terms at any time and to notify you by posting an updated version of the terms and conditions on the Website. You are responsible for regularly reviewing the terms and conditions related to the Website and Services. Continued use of the Website and/or Services after any such changes shall constitute your consent to such changes. You may not amend these terms without the express written consent of ibuynepa.com. Any purported oral modification or amendment of these terms in derogation of the foregoing shall be without any effect.
This Agreement shall be binding upon and inure to the benefit of you and ibuynepa.com and their respective heirs, personal representatives, successors, and assigns; provided, however, that you may not assign or transfer your rights or obligations under this Agreement, without the prior written consent of ibuynepa.com. ibuynepa.com may assign its rights and obligations under this Agreement without the need for your consent.
The headings herein have been included for convenience of reference only and shall not be considered in interpreting this Agreement.
The waiver of any breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach of the same or other provision of this Agreement. If any provision of this Agreement is held to be invalid, the same shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect.
Ibuynepa.com may give notice to you of any matter related to your use of the Website, Services and/or this Agreement (a) by email to the email address provided by you upon account creation or product order; (b) by regular mail to the mailing address provided by you upon account creation or product order; or (c) by posting notices to this Website. You may give notice to ibuynepa.com by certified mail to the following address: ibuynepa.com, 1428 Ash Street, Scranton, PA 18510.
This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and ibuynepa.com. Neither you or ibuynepa.com will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.