Terms of Use

Welcome to the MyBuys, Inc. (“MyBuys”) website (the “Site”). MyBuys owns and operates the Site, and the documents and other content available on the Site (“Site Content”) are protected by copyright laws throughout the world. MyBuys grants you a limited license to use the Site subject to the terms and conditions of use (“Terms of Use”) set forth below. By using the Site, you agree to follow and be bound by the Terms of Use and our Privacy Policy. We may revise the Terms of Use at any time without notice to you.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Limited License for Use of Site Content

MyBuys hereby authorizes you to download, view, copy and print documents and graphics in the Site Content subject to the following: (a) the Site Content may be used solely for personal, informational, non-commercial purposes; and (b) the Site Content may not be modified or altered in any way. No other use of the Site Content is authorized. In consideration of this authorization, you agree that any copy of the Site Content which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Site Content in whole or in part without the express authorization of MyBuys. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of MyBuys or any third party.

Changes; Third Party Web Sites, Content, Products and Services

MyBuys reserves the right to change or discontinue the Site or any Site Content at any time, with or without notice, and with no liability to you. The Site may include hyperlinks to web sites not controlled by MyBuys, and access to content, products and services from third parties. MyBuys is not responsible for the availability of, nor any content on those web sites to which it provides links. MyBuys provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that MyBuys is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that MyBuys is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.

Feedback

No compensation will be paid with respect to the use of any information, content or material that you submit, upload, post, transmit or otherwise make available through the Site. You grant to MyBuys an unrestricted, irrevocable license to use, reproduce, modify, distribute, publicly display, publicly perform and transmit all such information, content and material and to sublicense others to do so on MyBuys’ behalf in connection with this Site and MyBuys’ products and services. You represent and warrant that: (i) you own the information, content or material posted by you on this Site or otherwise have the right to grant the license set forth in this section, and (ii) your information, content or material does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL SITE CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYBUYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYBUYS MAKES NO WARRANTY THAT: (A) THE SITE AND SITE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SITE CONTENT, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SITE CONTENT; PRODUCTS, SERVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

IN NO EVENT SHALL MYBUYS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR THE SITE CONTENT, WHETHER OR NOT MYBUYS HAS BEEN ADVISED OF THE POSSIBILITY. YOU AGREE THAT MYBUYS’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM, OR RELATING TO, THE SITE AND THE SITE CONTENT (INCLUDING, WITHOUT LIMITATION, ACCESS OR LACK OF ACCESS THERETO) IS LIMITED TO FIFTY US DOLLARS ($50).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy Policy

MyBuys’ privacy policy is at Privacy Policy.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, the Site Content, or products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of MyBuys in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of MyBuys outside the U.S. Neither the services of MyBuys nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Applicable Laws

All matters relating to your access to, and use of, the Site, the Site Content, and these Terms of Use shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state court located in San Mateo County, California and a federal court located in the Northern District of California and no other venue. You and MyBuys agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information

Copyright © 2002 – 2008, MyBuys. All rights reserved.

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of MyBuys or other third parties. You are not permitted to use these Marks without the prior written consent of MyBuys or such third party which may own the Mark.

Contact Information

If you have any questions regarding these Terms of Use, please contact MyBuys at info@mybuys.com.

Last revised April 2007

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