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BuyOnIt provides a platform and related services for buyers and sellers in order to
establish an electronic marketplace for the purchase, trade and sale of goods (this “Website”). The use
of the BuyOnIt Website and the sale of products and services offered on this Website are governed by the terms and
conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing
on this Website, including the BuyOnIt Privacy Policy (collectively, the “Terms and Conditions”).
These Terms and Conditions constitute a legal binding agreement between BuyOnIt, Inc. (“BuyOnIt”,
“we” or “us”) and you (referred to herein as “you” or “your”). Your
use of this Website in any manner, whether browsing, activating an account with us, selling, or making a purchase,
constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound
by them. BuyOnIt reserves the right to modify or change the Terms and Conditions at any time without prior notice to
you. Therefore, we recommend that you please read them carefully each time you use this Website. By consenting to
these Terms and Conditions, you agree to periodically review the Terms and Conditions and be bound by any
modifications or amendments thereto. Your use of the Website shall constitute your acceptance of and agreement to be
bound by the amended Terms and Conditions. These Terms and Conditions are effective on August 1, 2007 for current
users, and upon acceptance for new users.
Proprietary Rights
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons,
graphics, headers, data, information, web pages, and software (collectively, “Content”) are subject to
copyright, trademark, or other proprietary rights or licenses held by BuyOnIt or a BuyOnIt affiliate or by third
parties who have licensed their rights to BuyOnIt. All Content is copyrighted as a collective work under the U.S. and
international copyright laws and BuyOnIt owns, to the fullest extent allowed by such law, the copyright in such
Content and this Website, including (without limitation) the arrangement, coordination, enhancement and selection of
the Content and the Website. Except as provided above, you may not make copy, modify or create derivative works of
the Content. In addition, you may not distribute, publish, transmit, reuse, repost, “and frame” the
Content in any manner or sell or attempt to sell the Content.
The BuyOnIt logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the
properties of their respective owners. You may not use, reproduce, copy or manipulate such marks in any manner without
the prior written consent of the owner.
Usage Restrictions
BuyOnIt hereby grants you a personal, nontransferable, nonexclusive, non-sublicensable license to access and view the
Content appearing on this Website in accordance with these Terms and Conditions. You may download and/or copy certain
portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark
or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do
not make the Content available to any third party. BuyOnIt reserves complete title and full intellectual property
rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i)
misrepresenting the identity of yourself of another user; (ii) tampering with this Website or circumventing BuyOnIt
fees; (iii) conducting any unlawful activity; (iv) violating the rights of any third party, including (without
limitation) privacy or intellectual property rights; (v) posting false, misleading, inaccurate, offensive, defamatory,
or libelous information; (vi) positing or distributing spam, chain letters, or pyramid schemes, or otherwise
disrupting or interfering with listings or the proper working of the Website; (vii) distributing viruses, spiders,
robots, or other technology that may harm BuyOnIt or another user or for automated access to the Website for any
reason; (viii) posting or selling any items that violates the rights or any third party; (ix) harvesting or
collecting any information about any user without their consent; or (x) taking any action that imposes an unreasonable
or disproportionately large load on the BuyOnIt infrastructure, as determined in BuyOnIt’s exclusive discretion.
You further agree that you will not use the Website if you are not 18 years of age or older. By using this Website,
you represent that you are not under the age of 18 and you are able to form legally binding contracts.
Prohibited & Restricted Items
Certain listed items are subject to certain restrictions or all together prohibited from being listed, sold, or traded
on this Website. You understand and agree that you are responsible for all Content and items listed by you on this
Website, including (without limitation) the legality or export of the item, and complying with any and all applicable
foreign, federal, state and local rules, laws, or regulations for the item. BuyOnIt reserves the right to add and/or
remove any items from the Prohibited Items list at any time and without notice to you. Generally, any item that is
prohibited by applicable foreign, federal, state or local laws is prohibited from this Website. In addition, the
following items are also prohibited:
- Adult Material
- Alcohol
- Animals
- Cell Phone Service Contracts
- Contracts
- Drugs and Drug Paraphernalia
- Edible Plants
- Equipment or Technology designed to circumvent laws (such as de-scramblers or traffic signal control devices)
- Embargoed Goods
- Event Tickets (allowed in “Classify it” only)
- Firearms or Weapons
- Government or Transit Documents, Uniforms, or IDs
- Gambling Items
- Hazardous and Perishable Items
- Human Parts and Remains
- Items Encouraging Illegal Activities (such as bomb making instructions)
- Items Prohibited from Resale
- Items that promote hatred towards individuals or groups
- Mailing Lists and Personal Information
- Medical Devices
- Motor Vehicles (allowed in “Classify it” only)
- Offensive Material
- Prescription Drugs
- Real Estate (allowed in “Classify it” only)
- Recalled Items
- Stocks and Other Securities
- Stolen Property
- Tobacco
- Travel Services (allowed in “Classify it” only)
Food Policy
The sale of food is wholly regulated by federal and state governments. Prior to posting food items we implore our
users to familiarize themselves with all applicable laws priors to posting the below items on BuyOnIt. A listing of
the aforementioned rules and regulations can be referenced with fda.gov and your state and local municipality websites.
BuyOnIt allows the posting of all non-perishable items listed prior to item expiration dates. Any expired items must
be clearly identified as a “collectable” and expressively stated as “not for consumption”
within the item’s description.
Additional Prohibitions and Guidelines
- No perishable or “homemade” items
- No Wild mushrooms
- All food and related products must be sealed in a container clearly defining the item in question, additionally
the item must be packaged in a manner as to where the recipient can determine if tampering was evident
Privacy Policy
BuyOnIt’s use of personal information about you, whether collected by BuyOnIt or submitted by you through this
Website is governed by the BuyOnIt Privacy Policy. The BuyOnIt Privacy Policy is incorporated into these Terms and
Conditions and you agree you are subject to the terms of the Privacy Policy.
This Website is not directed toward children and no Content appearing on this Website or BuyOnIt affiliated websites
are directed toward children. BuyOnIt urges all parents and guardians to monitor and supervise their children’s
use of this the Internet in general. If for any reason BuyOnIt unknowingly collects information from children, it
will remove and destroy all such information upon discovery by BuyOnIt and BuyOnIt may immediately and without notice
remove any user accounts, listing, or information of children or directed toward children, as determined in its
exclusive discretion.
Submissions to www.BuyOnIt.com and Affiliated Servers
Any listings, images, postings, remarks, suggestions, ideas, messages and data submitted by you to BuyOnIt through
this Website or other BuyOnIt affiliated websites (collectively, the “Postings”) shall be and remain the
exclusive property of BuyOnIt. Therefore, BuyOnIt discourages you from submitting Postings that you do not wish to
assign to BuyOnIt, including confidential information or any original creative materials such as product ideas or
original works. You represent and warrant to BuyOnIt, and accept responsibility for, the accuracy, appropriateness and
legality of the Postings. Your submission of such Postings shall constitute an assignment to BuyOnIt of all worldwide
right, title and interest in and to all copyrights and other intellectual property rights in the Postings. BuyOnIt is
entitled to use, copy modify, disclose, distribute and make derivative use of any of the Postings for any purpose
without restriction or compensation in any way to you.
Modification of Content
BuyOnIt attempts to ensure that the Content on this Website is complete and current, however you understand that the
listings are posted by users and BuyOnIt does not control the Content contained in the listings. You acknowledge that
BuyOnIt attempts to display the colors of the items on the Website as accurately as possible; however BuyOnIt does not
guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of
computer monitor used by you. As indicated in the DISCLAIMERS set forth below, BuyOnIt does not guarantee that the
information contained on this Website will not contain errors, inaccuracies, omissions or other information prohibited
by these Terms and Conditions. Such errors, inaccuracies or omissions may relate to price or to product description
or availability. BuyOnIt reserves the right to correct any error, inaccuracy or omission or to change, update or all
together remove the Content for any reason whatsoever without prior notice to you. Further, BuyOnIt reserves the
right to refuse or cancel any orders or listings containing any error, inaccuracy or omission or other information
prohibited by these Terms and Conditions, whether or not the order has been submitted, confirmed, your credit card has
been charged, or payment received. To properly serve all users, BuyOnIt reserves the right to limit quantities. Only
one (1) of this item may be placed into your shopping cart at a time. BuyOnIt further reserves the right to cancel
multiple orders of any item purchased by the same BuyOnIt user and/or shipped to the same delivery address.
BuyOnIt 100% Guarantee
To determine if an item is covered under the BuyOnIt 100% Guarantee; the listing will be referenced in the
listing’s Header / Title with a 100% icon stating the item is covered under the BuyOnIt 100% Guarantee. Sellers
have the choice of whether or not to offer the BuyOnIt 100% Guarantee with their item. By electing this feature, an
item must have a tracking number from a reputable carrier; and it is not required that you request the shipment be
signed at time of delivery, however it is recommended.
The financial arrangements for elected guaranteed items will proceed as follows: A user will pay BuyOnIt for an item;
at that point BuyOnIt will notify the seller to ship the aforementioned product. When the buyer takes receipt of the
purchase, and it is systematically cleared through our checkpoint process, the seller will receive payment in full; In
the event the item fails to meet our guarantee criteria, BuyOnIt will refund the buyer’s money and instruct the
seller to reclaim possession of the items at their own cost.
A full list of Prohibited Items can be found at www.buyonit.com/prohibited_items.asp.
BuyOnIt reserves the right to add and/or remove any items from the list ineligible for the 100% Guarantee at any time
and without notice to you. BuyOnIt also reserves the right to revoke the BuyOnIt 100% Guarantee at any time for any
item being sold on the Website.
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Listings
In order to promote a fair and commercially sound transaction between the buyer and seller, you understand and agree
that as part of the BuyOnIt 100% Guarantee, BuyOnIt will receive payment from the buyer and release it to the seller
once the buyer has accepted the item as purchased. As a result, the seller will receive payment for items listed and
sold directly through BuyOnIt when listed as a BuyOnIt 100% Guarantee listing. Fees associated with the listing and
the final sale fee will be added to the sellers invoice.
You are responsible for ensuring that any items you list for sale or trade are not Prohibited Items or otherwise in
violation of these Terms and Conditions. You are also responsible for listing your items under the correct section or
categories. You must insure that items listed on BuyOnIt are a correct description of the item and are not misleading.
You are responsible for collecting and paying any sales tax or other applicable taxes, penalties, and interest in
connection with any items you list. It is the seller’s responsibility to provide shipping and handling fees in
the shipping field provided. Sellers are also required to include in the listing of the item any applicable taxes.
BuyOnIt is not responsible for collecting or paying any taxes, penalties, or interest on any items or services listed
on the Website. You agree to release and indemnify BuyOnIt from any and all liability, costs, or expenses in
connection with any such taxes, interest and penalties.
Please visit the FAQ’s that list additional information regarding listing and selling items on BuyOnIt.
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Purchases
Items won that are auctioned under the BuyOnIt 100% Guarantee must be paid in full within 24 hours from the closing of
the auction. Items purchased at a fixed price will be paid in full at the time the order is placed.
Once an order for an item is placed and submitted through the Website, BuyOnIt will accept payment from the buyer.
BuyOnIt cannot change or cancel an order until the item is received. Buyers will accept or dispute an item no later
than 12 days after the item has been marked shipped by the seller. If the item is accepted, or in other words, the
buyer does not dispute or reject the item in the time frame described above, BuyOnIt will release payment to the
seller and the order cannot be otherwise changed, cancelled, or returned. You understand and agree that if you do not
notify BuyOnIt in the time frame provided that either you reject the condition of the item, or the item has not been
delivered, that you are deemed to have accepted the item and you are responsible for all charges, costs and expenses
in connection with the item ordered.
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Shipping & Delivery
When listing an item you must provide information pertaining to shipping and handling such that the method of
calculating accurate shipping costs is clear and conspicuous for the buyer at the time of purchase. The seller is
responsible for having the item shipped within 48 hours from the time of notification from BuyOnIt to ship the item.
You must acquire a tracking number to appropriately track the shipment and delivery of the item you shipped. You must
list the tracking number in the field provided on BuyOnIt’s website. The request for a signature upon delivery
is not required, but is recommended. BuyOnIt considers the shipment delivered, when the reputable carrier has
determined the package delivered. If the seller requires the item be insured during the shipping process, then the
seller will include this fee prior to listing the item in the item’s total. The risk of loss and title for all
items listed on this Website is the responsibility of the seller until said delivery of the item is made to the buyer.
Once the item has been determined delivered to the buyer by the reputable carrier, then it is the buyer’s
responsibility to safe guard the item from the risk of loss and/or damage.
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BuyOnIt Dispute Resolution Process
To reject an item, you must use BuyOnIt’s dispute resolution process and follow the procedures below. You
understand and agree that the BuyOnIt 100% Guarantee is a procedure provided by BuyOnIt to assist you in avoiding
fraud, scams, or other improper commercial transitions. As a result, as a condition of your use of this Website, you
agree that if you have a dispute about an item purchased through the Website under the BuyOnIt 100% Guarantee, you
will only dispute the transaction using BuyOnIt’s dispute resolution process. If you chose to dispute the
transaction through PayPal, or your credit card company, or any other avenue other than BuyOnIt’s dispute
resolution process, you understand that you will lose the right to dispute the transaction through BuyOnIt and for
purposes hereof, you are deemed to have accepted the item. You also understand and agree that BuyOnIt reserves the
right to immediately terminate your account and your use of the BuyOnIt Website without notice to you if BuyOnIt
learns that you have disputed a transaction through alternative avenues other than BuyOnIt.
To dispute the transaction, the item must arrive substantially different than the item as advertised in the listing,
or damaged due to packaging (not damage caused by the shipping company). You must notify BuyOnIt that you reject the
item by clicking the item’s Dispute button within the time frame described above. You will be required to
provide evidence that the item that was received is in fact substantially different from the item that was listed at
the time of your order. Both parties to the transaction agree that BuyOnIt will have the sole authority to determine
whether the disputed item is substantially similar to or different than the listing advertisement and you agree to be
bound by BuyOnIt’s decision in the dispute resolution. Both parties agree to cooperate with BuyOnIt and provide
any information and documents reasonably requested by BuyOnIt to resolve the dispute.
If the dispute resolution finds that the item is acceptable, then the transaction is deemed complete and BuyOnIt will
release the buyer’s payment to the seller. However, if the dispute resolution finds that the item is not
acceptable, the buyer will be deemed to reject the item by clicking the item’s Dispute button and the buyer will
be permitted to ship the item back to the seller at the seller’s cost. Once the item has been received by the
seller, seller will have no longer than 12 days from the date the item was shipped, to confirm whether or not the item
is the correct item and in the same condition as originally shipped. Once the seller confirms the good condition of
the item, or fails to confirm the condition of the item in the appropriate time frame, the buyer will receive a refund
for the item. The seller will be responsible for applicable BuyOnIt fees related to the disputed item and any charge
back fees or any other fees that BuyOnIt has incurred in connection with the refund of the buyer’s payment to
the seller. (Please see the Fees Page www.buyonit.com/listing_fees.asp on the Website for applicable fees associated
with a disputed item.) Buyers understand and agree that sellers will not be obligated to accept return of items,
whether acceptable to the buyer or not, if such items are not in the same condition as originally shipped.
If an item was damaged during the shipping process by the reputable carrier company (shipping company), then the buyer
will refuse the shipment and have the reputable carrier deliver the item back to the seller, in addition to rejecting
the item by clicking on the item’s Dispute button; it will be the sellers responsibility to file a claim with
the shipping company to recoup any damages; and the buyer will be refunded the transaction amount. If the item was
damaged during shipping, but was caused by improper packaging and it is agreed upon by the shipping company that the
cause of the damage was due to improper packaging, then the seller will be held responsible for all costs associated
with the return of the item for an even exchange if possible, or if a one of a kind item, a refund. The seller will
also be responsible for any charges that BuyOnIt accumulates for crediting the buyer’s account.
Please visit the BuyOnIt 100% Guarantee section of the Website for additional information.
BuyOnIt Classic (Non-100% Guarantee)
A listing that is a BuyOnIt Classic listing follows the traditional style of payment methods when dealing with user to
user transactions. When purchasing these items, buyers will be responsible for payment to the seller and the seller
will be responsible for the shipment of the item. It is the responsibility of both users to resolve any issues when
dealing with the transaction of an item, and BuyOnIt will only assist by making suggestions when help is requested by
one or both users.
To distinguish if a listing is a BuyOnIt Classic listing, you will notice that any listing that is NOT referenced by a
BuyOnIt 100% icon in the heading is considered a BuyOnIt Classic listing. In addition, all listings covered under the
Trade it, Classify it and TV it sections, are considered BuyOnIt Classic listings.
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Listings
In order to promote a fair and commercially sound transaction between buyers and sellers, each user must fulfill their
responsibility concerning the transaction. Buyers must pay in full to sellers, and sellers must deliver to the buyer
the exact item that was listed.
When listing an item under the BuyOnIt Classic, sellers will provide an estimated shipping and handling fee in the
shipping field provided. Sellers will provide buyers with exact shipping and handling fees once they have received the
address from the buyer. Sellers are responsible for the collection of funds, including applicable taxes after the
auction has ended in success or a fixed price item has been purchased. Sellers will also provide a reasonable time
frame for payment by the buyer, before disputing the transaction or re-listing the item.
You are responsible for ensuring that any items you list for sale or trade are not Prohibited Items or otherwise in
violation of these Terms and Conditions. You are also responsible for listing your items under the correct section or
categories. You must insure that items listed on BuyOnIt are a correct description of the item and are not misleading.
You are responsible for collecting and paying any sales tax or other applicable taxes, penalties, and interest in
connection with any items you list. BuyOnIt is not responsible for collecting or paying any taxes, penalties, or
interest on any items or services listed on the Website. You agree to release and indemnify BuyOnIt from any and all
liability, costs, or expenses in connection with any such taxes, interest and penalties.
Please visit the FAQ’s that list additional information regarding listing and selling items on BuyOnIt.
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Purchases
Users that have won, purchased, or sold an item under the BuyOnIt Classic will notify the other user no later than 24
hours from the auction ending or from the time of purchase; to make payment and shipping arrangements.
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Shipping & Delivery
When listing an item, you must provide information pertaining to shipping and handling such that the method of
calculating accurate shipping costs is clear and conspicuous for the buyer at the time of purchase. If the seller
requires the item be insured during the shipping process, then the seller will include this fee into the item’s
listing prior to listing the item, and to make it clear in the listing of such actions. The risk of loss and title
for all items listed on this Website is the responsibility of the seller until the delivery of the item to the buyer.
It is not required but suggested that the seller update the tracking information for the shipment in the appropriate
field provided by BuyOnIt.
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Dispute Process and Returns
Buyers and sellers will have to use the traditional style of disputing a transaction for any item listed under the
BuyOnIt Classic (you will have to contact one another directly and/or through the payment method to resolve your
dispute).
BuyOnIt will only assist in disputes by making suggestions when help is requested by one or both users.
Trade Section
The Trade listings are not eligible for the BuyOnIt 100% Guarantee and users are responsible for contacting one
another directly to make arrangements for the trade and shipment of the items. Therefore, it is the responsibility of
the users to ensure you know and trust who you are doing business with. All foreign, federal, state, and local rules,
laws and regulations should be understood before using the Trade section. It is your responsibility to follow these
rules, laws and regulations when trading items. Please check back to review these Terms and Conditions and the Trade
section of the Website for more information and policies about Trades.
Classify it
Classify it is a section of the Website designated for BuyOnIt Classic items listed for 182 days for a one time fee.
It is set up as a classified ad to develop leads, like one you would see in a local newspaper. Classified listings
are not eligible for the BuyOnIt 100% Guarantee and users are responsible for contacting one another directly to make
arrangements for the purchase, payment, and shipment of the items. Therefore, it is the responsibility of the users
to ensure you know and trust who you are doing business with. In addition, Classify it may include certain items that
are otherwise considered Prohibited Items (Motor Vehicles, Event Tickets, Real Estate, and Travel Services). However,
Classify it may include some Prohibited Items, they still may be restricted by applicable laws or by BuyOnIt policies
as stated in these Terms and Conditions or on the Website. All foreign, federal, state, and local rules, laws and
regulations should be understood before using Classify it. It is your responsibility to follow these rules, laws,
regulations and restrictions when buying or selling items in Classify it. Please check back to review these Terms and
Conditions and the Classify it section of the Website for more information and policies about Classify it.
Fees and Payment Options
BuyOnIt charges certain fees for services of this Website, including (without limitation) listing fees,
classified fees, return charge fees, late fees, among other items. Please see the Fees Page on the Website for all
applicable fees charged by BuyOnIt in connection with your use of this Website. You must pay any applicable fees to
BuyOnIt using the Payment Options offered by BuyOnIt.
BuyOnIt's Registration Process will not ask you to enter your credit card information to be kept on file. However,
BuyOnIt requires you to have a credit card on file for selling items, purchasing guaranteed items, and listing trade
or classified items. BuyOnit also requires a credit card on file when purchasing a BuyOnIt Storefront and while there
is still a balance on your invoice from BuyOnIt. You are not required to have a credit card on file for purchasing
items listed under BuyOnIt Classic. Once registration is complete, you can enter your credit card information at any
time in the Billing section of My BuyOnIt. Upon entering your credit card information in My BuyOnIt, BuyOnIt will
verify your credit card by placing an authorization on your account. This authorization is not a charge to your credit
card. The authorization will appear on your statement as a random amount up to fifty cents. These funds will be held
in a pending state on your account until your card is verified, at which time the funds will be released back to your
account.
When purchasing and selling items on the Website, you understand that BuyOnIt is not a party to the transaction
between buyer and seller and therefore has no responsibility for the price or payment of the item. As a result, you
agree to release and indemnify BuyOnIt for any and all liability, costs, or expenses in connection with the price or
payment of an item. You may purchase items through this Website by using any one of the payment options listed in our
FAQ’s on the Website.
You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If your
payment method fails or we have to return fees to you for any reason, you will be charged a $30 return payment fee.
If any fees payable by you are past due, we may charge you fees in connection with the collection of all such past due
amounts, including (without limitation) late fees, collection fees, and attorneys fees. All fees are quoted in U.S.
Dollars. You are responsible for any conversion rates or fees for currency conversions at the time the payment is
made.
Please visit the FAQ’s on the website for the specific payment options offered by BuyOnIt. BuyOnIt reserves the
right to change its fees, payment options, and payment procedures at any time without prior notice to you.
Interest Accrual
Any amount charged by BuyOnIt may be held in an interest bearing account in BuyOnIt’s name, including (without
limitation) amounts paid by buyers that are not yet released to seller under the BuyOnIt 100% Guarantee. BuyOnIt
agrees to hold any amounts received by BuyOnIt that are subject to the BuyOnIt 100% Guarantee in an account separate
from its corporate funds, and will not use your funds for its operating expenses or other corporate purposes, and will
not voluntarily make these funds available to its creditors in the event of bankruptcy. However, you agree that any
amount held by BuyOnIt that is subject to the BuyOnIt 100% Guarantee may be commingled with other users’ funds
and placed in pooled accounts in BuyOnIt’s name. YOU AGREE THAT YOU WILL NOT RECEIVE INTEREST ON ANY AMOUNTS
HANDLED BY BUYONIT, INCLUDING (WITHOUT LIMITATION) AMOUNTS HANDLED AS YOUR AGENT AND HELD SUBJECT TO THE BUYONIT 100%
GUARANTEE. IN CONSIDERATION FOR YOUR USE OF THIS SERVICE, YOU IRREVOCABLY TRANSFER AND ASSIGN TO BUYONIT ANY
OWNERSHIP RIGHT THAT YOU MAY HAVE AND ANY INTEREST THAT MAY ACCRUE ON AMOUNTS HELD BY BUYONIT. This assignment only
applies to interest on your funds, and does not grant BuyOnIt any ownership to the principal of the amount held by
BuyOnIt subject to the BuyOnIt 100% Guarantee.
BuyOnIt Credit System
BuyOnIt utilizes user feedback to determine the user’s experience with each transaction. It is required that
either a positive or negative feedback message is selected for each transaction by both parties involved. The positive
and negative feedback messages are predetermined. Each positive feedback is equal to one credit point and each
negative feedback is equal to one negative credit point. The BuyOnIt Credit Score is based off the total positive
feedbacks minus the negative feedbacks. The BuyOnIt Credit Percentage is based off the BuyOnIt Credit Score divided by
the total number of positive and negative feedbacks. Each user will have their BuyOnIt Credit Percentage visible next
to their username.
Your Warranty To BuyOnIt
YOU REPRESENT AND WARRANT THAT YOU: (1) ARE DULY AUTHORIZED TO CONSENT TO THESE TERMS AND CONDITIONS ON BEHALF OF
YOURSELF PERSONALLY OR YOUR RESPECTIVE COMPANIES; (2) CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW; (3) ARE
AT LEAST 18 YEARS OF AGE; (4) YOU WILL BE FINANCIALLY RESPONSIBLE FOR THE USE OF YOUR ACCOUNT; AND (5) YOU HAVE
VERIFIED OR WILL VERIFY THE ACCURACY OF MATERIALS DISTRIBUTED OR MADE AVAILABLE BY YOU, INCLUDING YOUR CONTENT,
DESCRIPTIVE CLAIMS, GUARANTEES, NATURE OF BUSINESS, AND ADDRESS WHERE BUSINESS IS CONDUCTED.
Termination
BuyOnIt may terminate these Terms and Conditions and your use of the Website at any time without notice to you. Upon
such termination, you will immediately cease and desist any and all access to and attempts to access the Website. You
agree that upon termination you will pay all outstanding amounts owed to BuyOnIt in full. BuyOnIt shall have no
obligation to refund any fees paid by you.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL USE OF THIS WEBSITE AND ANY PRODUCTS OR SERVICES
MADE AVAILABLE USING THE WEBSITE IS AT YOUR OWN RISK. BUYONIT DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES
AND LIABILITIES OF BUYONIT, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS
WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING
NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BUYONIT DOES NOT REPRESENT OR WARRANT THAT THIS
WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE
ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
BUYONIT DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING
ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. BUYONIT DOES NOT MAKE ANY
REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED
STATES.
Release
You understand and agree that BuyOnIt is not a party to any transaction between users of the Website; BuyOnIt is
simply providing a service for buyers and sellers to enter into transactions with each other. You understand and
agree that BuyOnIt has no control over and does not guarantee the quality, safety or legality of any items on the
Website, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to buy items,
or that the transaction will be completed. BuyOnIt is not responsible for your actions while viewing or using this
Website. Accordingly, will not hold BuyOnIt (or our officers, directors, agents, subsidiaries, and employees) liable
for: (i) any users actions or inactions, including (without limitation) anything posted by a user, BuyOnIt’s
Credit System ratings; or (ii) any Content contained on the Website. You agree to release and indemnify BuyOnIt (and
our officers, directors, agents, subsidiaries, employees and joint ventures) from any and all claims, demands,
liability and damages of every kind and nature, known and unknown, arising out of or in any way connected to the
Website, including (without limitation) from any dispute you have with a user of the Website, your use of the Website,
any Content accessible through the Website, or relating to any item available on the Website or payment of any such
item.
Limitation of Liability and Your Exclusive Remedy
IN NO EVENT SHALL BUYONIT, ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) OR OTHER REPRESENTATIVES BE
LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR
IN CONNECTION WITH THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF BUYONIT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN BUYONIT TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED
DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN
WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold BuyOnIt (and our officers, directors, agents, subsidiaries, and employees) harmless
from any claim, demand, liability or damage, including reasonable attorney’s fees, made by any third party due
to or arising out of your violation of these Terms and Conditions, or your violation of any law or the rights of a
third party.
BuyOnIt Actions
If BuyOnIt believes you have violated or may violate these Terms and Conditions, you have engaged in inappropriate
business behavior, you have harmed or will potentially harm BuyOnIt, you have failed to pay fees payable hereunder, or
if BuyOnIt is unable to verify or authenticate any information provided by you, as determined in BuyOnIt’s sole
discretion, BuyOnIt may take any action that it deems appropriate and reasonable under the circumstance to protect its
operations, systems, facilities, users or third parties. In such circumstances, without limiting any other remedy,
BuyOnIt may limit, suspend, terminate or prohibit access to the Website, any Content, or your account, and may take
technical and legal steps to prohibit users from accessing the Website or maintaining accounts. You also understand
that you may forfeit BuyOnIt fees, and BuyOnIt may charge you additional fees, including (without limitation) fees for
terminating your account or listings.
If any information is obtained by BuyOnIt that leads BuyOnIt to believe that you are using the Website to purchase or
sell items that are strictly prohibited by law, or you are using this Website as means to break the law, BuyOnIt may
take any appropriate legal actions, notify the proper authorities, and will relinquish any information of such over to
them.
Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by BuyOnIt (although some such sites
may have an affiliation with BuyOnIt) (collectively, “Third Party Sites”). Such links are provided for
your convenience only. BuyOnIt makes no representations whatsoever about any Third Party Sites which you may access
through this Website, as BuyOnIt has no control over the content appearing on such Third Party Sites. Moreover, a link
to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for
the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the
Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third Party Sites may differ
significantly from the BuyOnIt Privacy Policy. You are encouraged to review the applicable privacy policies of such
Third Party Sites.
Dispute Resolution
Any dispute relating in any way to the these Terms and Conditions, the Website, or BuyOnIt shall be submitted to
confidential arbitration in Jacksonville, Florida, except to the extent that you have in any manner violated or
threatened to violate BuyOnIt’s intellectual property or proprietary rights, BuyOnIt may seek injunctive or
other appropriate relief in any State or Federal court in the State of Florida, an you consent to the exclusive
jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the
Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. To the fullest permitted by applicable law,
no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to
these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Governing Law
These Terms and Conditions are governed by the laws of the State of Florida, without regard to conflict of law
principals.
Notices
Except as explicitly stated otherwise, legal notices to BuyOnIt shall be in writing and sent to BuyOnIt at 8515
Baymeadows Way, Suite 303, Jacksonville, Florida 32256. Such notices shall be deemed delivered upon receipt. Notices
to you shall be addressed to the electronic mail address or physical address provided by you on file in your account
with BuyOnIt and shall be deemed delivered 24 hours after the email is sent to your electronic mail address, or 3 days
after the notice is sent to your physical address. Unless otherwise agreed, all notices shall be in English.
Miscellaneous
The Terms and Conditions and any policies or procedures referenced herein or contained on the Website constitute the
entire agreement between you and BuyOnIt with respect to this Website. The Terms and Conditions supersede all prior
or contemporaneous communications and proposals, whether electronic, oral or written between you and BuyOnIt with
respect to this Website. No agency, partnership, joint venture, employee-employer relationship is intended or created
by these Terms and Conditions. No modification of the Terms and Conditions shall be effective unless it is authorized
by BuyOnIt. We may amend these Terms and Conditions at any time by posting the amended terms on the Website and all
amended terms shall automatically be effective. If any provision of the Terms and Conditions is found to be invalid
or unenforceable, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the
intentions of the parties, with the other provisions remaining in full force and effect. We may assign these Terms
and Conditions in our sole discretion. You may not assign these Terms and Conditions or your user account to any
third party without our prior written consent. Headings are for reference only and do not limit the scope or extent
of any section. Our waiver of your breach of the Terms and Conditions shall not constitute waiver of another breach.
Failing to enforce a provision of the Terms and Conditions against shall not constitute a waiver or create an estoppel
from enforcing such provision.
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