Terms of Use Agreement
Welcome to Buckey.us. We maintain this web site as a service to
our customers. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should
not review information or obtain goods or products from this site.
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement (''Agreement'') with respect
to our site (the ''Site''). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us
from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright. The content, organization, graphics, design and other
matters related to the Site are protected under applicable copyrights,
and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as allowed
by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through
the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
3. Trademarks. Other products and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of
any content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use.
No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale
or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us and
our partners, attorneys, staff and affiliates (collectively, ''Affiliated
Parties'') harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or documents
is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE
ARE PROVIDED ''AS-IS,'' ''AS AVAILABLE,'' AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT
IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you authorize us,
to the use and assignment of all information regarding Site uses
by you and all information provided by you in any manner consistent
with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise third-party
merchant sites (''Merchants'') from which you may purchase certain
goods or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply
to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations
or commitments on behalf of the other.
12. PRIVACY POLICY.
Our Privacy Policy, as it may change from time to time, is a part
of this Agreement.
13. Payments. You represent and warrant that if you are purchasing
something from us or
from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred
by you at the posted prices, including any applicable taxes.
14. Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as
well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
''anticipates,'' ''expects,'' ''believes,'' ''estimates,''
''seeks,'' ''plans,'' ''intends'' and similar expressions are intended
to identify forward looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion
of any linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
16. Copyrights and Copyright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim is infringing
is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
(f) A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s
behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site is Julio Ramirez who can be reached as follows: By email:
julio@buckey.us
17. Refund Policy. If a product purchased by you proves to be defective
or not to your reasonable satisfaction, you can return the product
within 15 days of receipt, to the following address: Buckey Safety
Solutions P.O Box 678457 Orlando, FL 32867 In such event, we will
provide you a credit for other purchases on the Site (less shipping
and handling charges incurred). This Section 17 sets forth your
sole and exclusive right to refund and return.
18. Information and Press Releases. The Site contains information
and press releases about us. While this information was believed
to be accurate as of the date prepared, we disclaim any duty or
obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or endorsed
by us.
19. Miscellaneous. This Agreement shall be treated as though it
were executed and performed in writing and in person, and shall
be governed by and construed in accordance with the laws of the
State of Florida (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be instituted
within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall
be subject to the limitations set forth in Section 8 and Section
10. The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement
shall be brought solely in Orlando, Florida. You expressly submit
to the exclusive jurisdiction of said courts and consents to extra-territorial
service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and
the remaining portions shall remain in full force and effect. To
the extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce
such provision.
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