POLICIES

It is our desire to develop a marketplace where both consumers and vendors have a secure, safe, and fair, place to shop and sell.  Our policies are guided by Biblical values which include obeying our local, state, and federal laws as stated in Romans 13.  Our policies are in place so that both the consumer and vendor will know in advance what kind of experience they can expect.

Policies should be a place to come to where all parties can find out what to expect on the site.  Some of our policies are in place due to governmental legal requirements while others may be in place based on principles laid out in the Bible.  If a policy is not addressed then BuyGive.com will be the final authority.

It should be noted that not all products available in the retail market will be sold on this site.  Products that do not reflect Biblical standards will not be allowed.  There are three lines of quality control to find and remove questionable products.  Vendors have the first line of responsibility to not attempt to load products that are questionable.  BuyGive.com  provides the second line of quality control.  And finally, other vendors and consumers may report a questionable product to BuyGive.com who will be the final authority in removing products.  See the policy titled Prohibited Items for Sale for a list of some of the known products that will not be allowed.

In this table of contents you can see what policies are specifically addressed.  As needed, one can expect that more policies will be added and others clarified or changed.  Whenever there are changes to the policies, they will be noted with the last date of change at the beginning of the policies. 

Table of Contents

1.         The BuyGive.com Marketplace

2.         Marketplace Orders

3.         Conditions of Sale and Payment 

4.        Customer Service

5.        Changing and Cancelling Orders

6.         Returns

7.         Shipping Policy

8.         Pricing Changes and Errors

9.        Taxes/Tax Exemption

10.      Prohibited Items For Sale

11.      Product Violations

12.      Privacy Policy

13.      Product Information Accuracy

14.      Underage Use of Site

15.      Use of Cookies

16.      Email communications

17.      Misuse of ratings, feedbacks, or reviews

18.      Intellectual Property

19.      Product listings

20.      Notices of copyright infringement

21.      Recordings

22.      Warranties

23.      Liability; Exclusions

24.      Governing Law and Jurisdiction

25.      Waiver

26.      Severability

27.      Third Party Vendor Rights

28.      Entire Agreement

29.      Your indemnification

30.      Exclusion from the Site

31.      Termination and Suspension

1.         The BuyGive.com Marketplace

The BuyGive.com marketplace is a site that allows customers to locate and purchase new products from sellers subject to the following marketplace terms. When you make a purchase through the BuyGive.com site, hereafter referred to as “Site”, you are purchasing the product from the vendor and not from BuyGive.com, LLC (“BuyGive.com” or “us”). BuyGive.com is not the merchant of record and the actual contract for sale is directly between the customer and the vendor. You agree that BuyGive.com is not an agent for you or for the vendor and has no authority to act on your or on a vendor’s behalf.

2.         Marketplace Orders

Orders that are sold and shipped by third-party vendors through BuyGive.com’s Marketplace are solely responsible for fulfilling and delivering the order to customers and bears all liability and risks associated with, or related to, any item that is sold. Please note that Marketplace Vendors may have policies that differ from BuyGive.com’s policies; therefore, for orders for Marketplace Items, please review the applicable Marketplace Vendor’s policies for any other terms and conditions that may apply to your order for such items. 

3.         Conditions of Sale and Payment 

To purchase any goods and/or services on the Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America or the District of Columbia, exclusive of its commonwealths, territories, and possessions (“United States”). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information, including all of the following: your name as it appears on the card, shipping address, billing address, telephone number, your credit card number, the credit card type, the date of expiration and any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable. Your payment card information may be saved so it may be available for your future use.  All payments must be made by credit cards (VISA, MasterCard, American Express and Discover Network), debit cards, or other payment method specified by BuyGive.com in its sole discretion. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and you will be charged immediately upon BuyGive.com’s receipt of shipment confirmation by the seller. You hereby authorize BuyGive.com to charge your credit card accounts for any amount that you may owe BuyGive.com or the seller. In addition, BuyGive.com may also set off any amounts that you owe to BuyGive.com or the seller against any amounts owed to you by BuyGive.com or the seller. In facilitating your payment to the seller, BuyGive.com does not provide your credit card information to the vendor/seller.

4.         Customer Service

Other than to verify the payment to the vendor was completed and except as otherwise set forth on the Site, BuyGive.com does not provide any customer support for any purchase you make through the marketplace, and you agree that BuyGive.com is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the seller of your product directly for any customer support that you need. The seller’s contact information can be found in your order detail located in your Account.

5.         Changing and Cancelling Orders

Once you have placed an order for a product in the Marketplace, the vendors will be handling all aspects of the order process. BuyGive.com will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The vendor’s contact information can be found in your order detail located in your Account or in the email sent to you confirming your order.

6.         Returns

Customers that wish to request returns must contact the third party vendor.  Each vendor is required that they post their customer service phone number.  BuyGive.com is not responsible for contacting the vendors for customers.  Each vendor has established their own policies in regard to cancellations, returns, restocking fees, refunds, replacements, etc.  Vendor policies are located on the Vendor page storefront for all the vendors.

7.         Shipping Policy

Each vendor agrees to include all shipping charges, if any, in their pricing section on this site. Vendors are responsible for their own shipping. If there is an issue or need for tracking of an order then please call the vendor’s phone number located on their vendor page. 

8.         Pricing Changes and Errors

Vendor prices are subject to change without notification.  In the event of a pricing error, the vendor may refuse or cancel any orders placed for that item. The vendor will notify the buyer of any cancellations.

9.         Taxes/Tax Exemption

BuyGive.com collects and remits taxes to each taxing jurisdiction on behalf of each vendor according to “marketplace” laws enacted by the states. The site allows sales to the continental 48 states and the District of Columbia.

If your church or organization is tax exempt, contact BuyGive.com at 903-796-4350 to process your exemption before placing an order.  If your order is placed before tax exemption is in place you will be responsible for taxes on that order.

10.      Prohibited Items For Sale

Adult items:  Sexually-oriented adult material is not allowed.  No film or game is to have a higher rating than G.  G Rated products include no depictions of violence, no nudity, no sex scenes or drug use.  BuyGive.com uses the generally accepted rating descriptions at https://www.filmratings.com/Content/Downloads/rating_rules.pdf

Alcohol:

We do not allow the sale of liquor, beer, or wine products on this marketplace.  According to the US Dept. of Agriculture alcohol evaporates at 172 degrees F during the cooking process.  Foods with wine flavors are ok, as long as the alcohol content is removed. 

Certain Food Items:

Certain food products are not allowed such as: unpasteurized dairy products (except cheese that follows government guidelines), unpasteurized fruit or vegetable juice, wild mushroom (except for morel and shitake mushrooms), ackee fruit or seeds, and expired food.  When listing food items that are allowed, sellers must:  ensure food items are properly packaged and stored safely, clearly state the expiration date in the item description, state how perishable items will be delivered, and ensure they are delivered to the buyer before the expiration date.  

Drugs:

Illegal drugs, drug paraphernalia, and drug-like substances are not allowed.

Firearms:

BuyGive.com wholeheartedly believes in the 2nd Amendment and the right to bear arms.  However, firearms, parts, and ammunition are not allowed to be sold on the marketplace.  There are specific laws of who may sell and there are plenty of sites where firearms, parts, and ammunition can be purchased by trusted sources.

Hazardous materials:

Hazardous materials such as poisons, carcinogenic substances, combustible materials, dinitrophenol, fire extinguishers that contain carbon tetrachloride, pesticides, explosive precursors, ozone depleting substances, radioactive materials and items that contain or release such substances are prohibited. 

Prescription devices:

Medical devices that require a prescription are prohibited.  Some of these items include BIPAP/CPAP machines, EMS units, TENS units, oxygen concentrators, compressors, nebulizers and their accessories, pulse oximeters that require a prescription, implantable devices such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable infusion pumps, needles, with or without a disposable syringe, and items that have passed their expiration date are also prohibited.

Services:

Relationship building services such as the following are not allowed:  in-person or online relationships, dating, sexual contact or escort services, offer to become “friends” or “followers” on social media sites, personal advice or coaching.

Tobacco/Vaping:

The sale of tobacco and vaping products, whether smoked, chewed, or dipped is prohibited.  This includes any paraphernalia used with these products such as pipes and papers.

Used Items:

BuyGive.com does not sell used items.  Used items have the potential for creating problems between the vendor and customer due to descriptions, pictures, expectations, pricing, etc.  We choose to avoid these problems by not becoming a “garage sale” type marketplace.  It is our desire to build a highly reputable site with new quality products.  Such new products will have the backing of its manufacturers and their warranties.

11.      Product Violations

If you see a listing that violates one of our policies, report the violation by emailing us at help@buygive.com.  

12.      Privacy Policy

This privacy notice discloses the privacy practices for BuyGive.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following: 1) what personally identifiable information is collected from you through the web site, 2) how it is used and with whom it may be shared, 3) what choices are available to you regarding the use of your data, 4) the security procedures in place to protect the misuse of your information, and 5) how you can correct any inaccuracies in the information.

BuyGive.com is the sole owner of this marketplace website. However, the information collected on the site is also collected by its vendors who sell products to the consumers. The vendors sign an agreement with BuyGive.com that they will protect any information collected from its users. We only have access to/collect information that customers voluntarily give us via email or other direct contact. BuyGive.com and its vendors agree to not sell or rent this information to anyoneWe will use customer information to respond to customers regarding the reason contact was initiated.  

When making a purchase, customers must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon on your web browser, or looking for “https” at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

We reserve the right to change this statement at any time by posting revisions on the web site. This privacy policy is not intended to, and does not; create any contractual or other legal rights in or on behalf of any party.

This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

If you have any questions or concerns about this Privacy Policy, how this website collects or uses information, how inaccuracies can be corrected, etc. you may contact the privacy officer, M. Hill, via email at help@buygive.com or by calling us at 903-796-4350.

13.      Product Information Accuracy

BuyGive.com cannot guarantee the accuracy of product information that vendors post on the site. Therefore, we are not responsible for claims or liabilities that may result from the use of incorrect, inaccurate or incomplete information by its vendors. 

14.      Underage Use of Site

This website is not intended for use by anyone under the age of 18. We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use our Web site only with the involvement of a parent or guardian.

15.      Use of Cookies

“Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a site. BuyGive.com uses cookies to enhance your experience with us.

16.      Email communications

All email communications between customers and vendors must be courteous, relevant and appropriate. Unsolicited email communications other than as necessary for order fulfillment and related customer service, and emails containing marketing communications of any kind are prohibited.

17.      Misuse of ratings, feedbacks, or reviews

Any attempt to manipulate ratings, feedbacks, or reviews is strictly prohibited from both customers and vendors.  No one is allowed to post offensive, abusive or any other inappropriate feedback or include personal information about a transaction.  Vendors are not allowed to post ratings or feedback to their own accounts. Vendors may request feedback from a customer, however, vendors cannot pay or offer any incentive to a customer for either providing or removing feedback.  Reviews provide an avenue for feedback about product and service details as well as customers’ experiences with products and services. Additionally, vendors may not provide compensation for a review other than a free or discounted product. If vendors offer a free or discounted product, it must be clear that they are soliciting an unbiased review. The free or discounted product must be provided in advance. No refunds are permitted after the review is written. 

18.      Intellectual Property

All content included on the site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of BuyGive.com, its suppliers, licensors, or other providers of such material and is protected under United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. BuyGive.com and its vendors and licensors expressly reserve all intellectual property rights in all content.  These Terms permit customers to use the site for their personal, non-commercial use only.  The BuyGive.com name, logos, service names, designs, and slogans are trademarks of BuyGive.com, LLC. You must not use such marks without the prior written permission of BuyGive.com. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BuyGive.com.

19.      Product listings

Prices and availability of products are subject to change without notice. Any changes to prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.  BuyGive.com’s Marketplace strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. BuyGive.com reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, BuyGive.com shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, BuyGive.com will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from BuyGive.com are provided as resources to customers looking for additional information and/or professional opinion. BuyGive.com does not assume responsibility for the claims and/or representations made on these or any other websites.  Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

20.      Notices of copyright infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from BuyGive.com infringe your copyright, you may request removal of those materials (or access to them) from BuyGive.com by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work you believe to have been infringed;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Your name, mailing address, telephone number, and email address;
  • A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on BuyGive.com is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  • Your name, mailing address, telephone number, and email address;
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided BuyGive.com with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.  Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to BuyGive.com:

  • A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner;
  • Identification of the trademark, service mark, and/or trade dress you believe to have been infringed;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Your name, mailing address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
  • A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

In order to remove infringing content, please send a notice of infringement containing the following information to BuyGive.com:

  • A physical or electronic signature of the owner of the other intellectual property right or a person who is authorized to act on behalf of the owner of the intellectual property right;
  • Identification of the other intellectual property right you believe to have been infringed;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Your name, mailing address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
  • A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

BuyGive.com takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of vendors who are repeat infringers.

Our designated Copyright Agent to receive DMCA Notices is:

BuyGive.com/ M. Hill
P.O. Box 787
Atlanta, TX 75551
Phone: (903) 796-4350
Fax: (903) 401-4072

21.      Recordings

BuyGive.com does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with BuyGive.com unless you have provided clear and conspicuous notice to BuyGive.com and have received prior written consent from BuyGive.com.

22.      Warranties

BuyGive.com is a marketplace only.  Products sold at the marketplace are not manufactured by BuyGive.com.  The products may, however, be covered by each manufacturer’s warranty, service, and support policy.  These warranties, services, and support policies are provided by third-party companies and have their own set of terms and conditions.  BuyGive.com shall not be responsible for any term, guarantee, representation, or warranty given by such manufacturer.  BuyGive.com assigns and passes through to you any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products.  BuyGive.com makes no representation or warranty with respect to the product except those stated in these terms.  To the fullest extent permitted by law, all items sold through BuyGive.com are sold “as is” or “with all faults”.  The entire risk as the quality and performance of these items is with the buyer.  Should any of the items prove defective, do not function, or function improperly in any way following their purchase, the customer should contact the vendor for appropriate resolution.  Except for those warranties, conditions, representations, guarantees, and terms that may not be legally excluded, BuyGive.com disclaims all other warranties, conditions, representations, guarantees, and terms, as to any such product, whether express or implied by statute, common law, trade usage, course of dealing, course of performance, or otherwise, to the fullest extent permitted by law.  Notwithstanding the foregoing, nothing in these terms is intended to exclude, restrict, or modify any non-excludable right or remedy you have under any law.  Any disclaimer, exclusion, or limitation as provided for in these terms applies to the fullest extent permitted by law and subject to any non-excludable right or remedy.

23.      Liability; Exclusions

Nothing in these terms limit or excludes our liability to the extent that it cannot be legally limited or excluded by applicable law. BuyGive.com shall not, under any circumstances, be liable to you whether in contract (including under an indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms for: loss of profits; loss of revenue; loss of anticipated savings; loss, destruction or corruption of data; loss of contract or business opportunity; loss of goodwill; malfunction; delays; interruption of services; third-party claims for damages against you; or indirect or consequential losses of any kind whatsoever and however caused, whether or not reasonably foreseeable, reasonably contemplatable, or actually foreseen or actually contemplated, by BuyGive.com at the time of entering into these terms.  To the fullest extent permitted by law, and subject to the first paragraph of this section, in all circumstances BuyGive.com’s maximum liability is limited to the purchase price of the products sold to which your claim relates.  By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of any law of any state or territory, which provides as follows:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

24.      Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms or the sales transactions between you and BuyGive.com be governed by the laws of the United States, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and BuyGive.com agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial.  If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator.  The arbitration shall be conducted in the English language.  The decision of the arbitrator will be final and binding on the parties.  Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party.  Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to BuyGive.com. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to BuyGive.com at P.O. Box 787 Atlanta, TX 75551. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with BuyGive.com.  Any dispute resolution proceeding arising out of or related to these terms or the sales transactions between you and BuyGive.com, whether in arbitration or otherwise, shall be conducted only on an individual basis and not in a class, consolidated or representative action, and you and BuyGive.com expressly agree that class action and representative action procedures shall not be asserted in nor apply to any arbitration pursuant to these terms.

Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against BuyGive.com that is more than one year after the date of the applicable invoice.

25.      Waiver

The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

26.      Severability

If any provision contained in these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

27.      Third Party Vendor Rights

No other person shall have any rights to enforce any of its terms with the exception of manufacturers and Marketplace Vendors referred to in the Terms – such manufacturers and Marketplace Vendors will only have right to enforce any terms against you (and not against BuyGive.com), including any limitation or exclusion of liability in favor of BuyGive.com under these Terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

28.      Entire Agreement

These Terms, together with BuyGive.com’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between BuyGive.com and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between BuyGive.com and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

These Marketplace Terms may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Marketplace Terms shall be null and void. BuyGive.com may freely assign these Marketplace Terms without consent or notice. Headings under these Marketplace Terms intended only for convenience and shall not affect the interpretation of these Marketplace Terms. Any waiver or failure to enforce any provision of these Marketplace Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Marketplace Terms is held to be invalid, such invalidity shall not affect the remaining provisions. These Marketplace Terms represent the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of these Marketplace Terms that may have been accepted by you). We reserve the right to modify these Marketplace Terms at any time. Your non-termination and continued use of the Site after such modification will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. These Marketplace Terms will bind and inure to the benefit of BuyGive.com’s successors and assigns.

29.      Your indemnification

To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless BuyGive.com, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Policies.

30.      Exclusion from the Site

BuyGive.com may exclude any buyer from making purchases in the Site at any time and for any reason. 

31.      Termination and Suspension

BuyGive.com may, in its sole discretion, and without prior notice to you, terminate or suspend your access to the Site and/or your Account for any reason. You agree that BuyGive.com will not be liable to you or to any third party for termination of your access to the Site.  By establishing an Account with us or by making a purchase through our Site, you grant permission for BuyGive.com to contact you at your e-mail address and send you marketing emails related to the Marketplace, our affiliates, and our business partners. You can opt-out of receiving our marketing emails, by contacting us at help@buygive.com or by following the opt-out procedures set forth in such marketing emails. If you have an Account, you may also opt-out of receiving marketing emails by updating your Account settings.

Last updated: 021121

Main Menu