The services that Buyer's Choice Holdings, LLC and its affiliates (collectively herein "Buyer's Choice") provides to you are subject to the following Terms of Use. Buyer's Choice reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
Please read these terms carefully. If you do not agree to them, you must not use the Websites or the Services.
THIS AGREEMENT CONTAINS:
Through its network of Web properties, Buyer's Choice provides you with access to a variety of resources, including consumer news, recall information, consumer comments and complaints, self-help tools and directories of resources provided by other parties (collectively "Services"). All such Services are subject to the Terms of Use. Buyer's Choice reserves the right to cancel or block your access to the Services for violation of these Terms of Use, in its sole discretion.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, data or products obtained from the Services.
Please click here to access Buyer's Choice’ Privacy Policy.
Permission to use Documents (such as news stories, consumer comment compilations, white papers, press releases and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies, (2) use of such Documents from the Services is for informational and non-commercial or personal use only. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The information on the Buyer's Choice Website is general in nature, does not address the circumstances of any particular individual and is not intended as a substitute for personalized investment, financial, tax and legal advice. Buyer's Choice is not a fiduciary by virtue of any person’s use of or access to the information on the Buyer's Choice website. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information on the Buyer's Choice Website.
Buyer's Choice makes no representation as to the accuracy of the information and assumes no liability for any damages or loss arising from the use thereof. All information is provided "as is" without warranty of any kind. Buyer's Choice and/or its respective information suppliers and contractors hereby disclaim all warranties and conditions with regard to the information.
Through its network of Web properties, Buyer's Choice may provide ways by which you can obtain products or services from various companies. We are not your agent or the agent of any company appearing on our website, although we may recommend a company based on your responses to written questions or phone interviews we conduct. While all companies with whom we do business must agree to abide by Buyer's Choice Code of Good Business Practices, we do not license or certify the qualifications of those companies. It is your responsibility to fully investigate all companies with whom you decide to do business, and you acknowledge and agree that you will rely on your own judgment in making the final selection of all products and services you choose to purchase. In particular, we recommend that you seek the advice of financial advisors, insurance agents, brokers, medical professionals, or other relevant qualified professionals prior to making any financial, health, or safety-related decisions. By using the Services, you acknowledge and agree that Buyer's Choice is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a company’s products or services.
Buyer's Choice does not make any coverage or credit decision with any company that contacts you, or with which you may be matched. Buyer's Choice does not issue mortgages, credit cards, insurance coverage or any other financial products.
Buyer's Choice is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
The Services may contain inaccuracies or typographical errors. Changes are periodically made to the Services. Buyer's Choice and/or its respective suppliers and contractors may make improvements, modifications and/or changes to the Services at any time without notice.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
By agreeing to receive phone calls and text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to [email protected] with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to [email protected] with contact information and the address for delivery.
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, notices or applicable laws and statutes. You may not use the Services in any manner that could damage, disable, overburden, or impair any Buyer's Choice.com server, or the network(s) connected to any Buyer's Choice.com server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Buyer's Choice.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Buyer's Choice.com provides links to, and runs advertisements from, other companies on its website. Some of these companies may have a business relationship with Buyer's Choice, and we may receive compensation when you click on a link or visit those companies’ sites. Your interactions and business dealings with any other company, however, including those with whom we have a business relationship, are solely between you and that company. Buyer's Choice.com is not responsible or liable for any loss or damage of any sort incurred by you, or the alleged breach of any terms, conditions, warranties or representations associated with any other company. Accredited Members must agree to comply with Buyer's Choice Code of Good Business Practices, but Buyer's Choice does not dictate other companies’ marketing or advertising messages. When Buyer's Choice does not have a business relationship with a company, advertisements are placed on our website by a third party, and we do not know the identity of a specific advertiser or have control over the advertisement. In all cases, Buyer's Choice makes no representations about the suitability of any service or products advertised.
The Services may contain bulletin board services, forums, communities, complaint forms, comment forms, service rating forms and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
Without limitation, you agree that you will NOT:
Buyer's Choice reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Buyer's Choice reserves the right at all times to disclose any information as Buyer's Choice deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Buyer's Choice’ sole discretion.
By posting, uploading, inputting, providing or submitting ("Posting") any Submission of any kind, you are granting Buyer's Choice.com, its affiliated companies and necessary sublicensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Buyer's Choice’ Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Buyer's Choice.com is under no obligation to post or use any Submission you may provide and Buyer's Choice.com may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You also warrant that the information provided in the Submission is, to the best of your knowledge, truthful and accurate.
Buyer's Choice provides a matching service whereby the consumer provides information in connection with being matched with a desired service or product. As part of this service, you may be contacted by Buyer's Choice or by the brand with whom you have been matched pursuant to your request and provision of information on the Buyer's Choice Website.
When you provide your information on the Buyer's Choice Website, you consent to be contacted via automated text message, automatic telephone dialing system, or by artificial/prerecorded message at the telephone number you provide, and/or by receiving email at the email address you provide and/or direct mail from Buyer's Choice or the brand with which you have been matched for the desired product or service.
You expressly consent to receive automated calls, text messages, and/or email regardless of whether you are on any Federal or state DNC (“Do Not Call”) registry or similar list or registry. If you provide your information and we contact you, or you contact us, we may keep a record, including but not limited to telephone recordings, call logs, text logs and emails, of your interaction with Buyer's Choice.
You may revoke your consent for us to contact you by autodialed call, text message, or direct mail at any time. If you no longer wish to receive such communications from Buyer's Choice, you may opt out by emailing [email protected] along with the subject line “Opt-Out”. To opt out of receiving text messages from Buyer's Choice at any time, text STOP to the short code from which the text message was sent to the enrolled mobile device. A confirmation message of your opt out will be sent to your mobile number but no additional messages will be sent to you unless you opt in again.
Buyer's Choice does not charge for toll free calls. However, you may be charged for the minutes you use by your mobile carrier, depending on your wireless plan.
Standard message and data rates may apply. These rates may be changed by your mobile service provider and payable by you to that provider. Buyer's Choice.com does not impose a separate fee for sending SMS messages.
The content in these messages may not be available and viewable on all carriers. Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket. Mobile carriers are not liable for delayed or undeliverable messages.
For help with this texting program, text HELP to the short code from which the message was sent to the enrolled mobile device. A confirmation message of your HELP request will be sent to your mobile number along with a link/url to a dedicated webpage on Buyer's Choice with additional information that may help resolve your issue.
Hypertext links on Buyer's Choice’ sites enable you to leave the Buyer's Choice Website. Buyer's Choice is not responsible for the contents of any linked sites nor for any links contained in any such linked site, nor for changes, updates and modifications in such sites. The links are provided to you only as a convenience and the inclusion of any such link does not imply endorsement by Buyer's Choice of the site, its contents, services and policies.
Buyer's Choice does not accept unsolicited ideas, including ideas for new Websites, news stories, advertising campaigns, promotions, products, services, technologies, processes or names. Please do not send any original creative property, samples, demonstrations, auditions, tear sheets, samples or related materials. We assume no responsibility for any such materials and do not promise their safekeeping or return.
Texas law, without regard to the conflict of law principles thereof, and controlling U.S. federal law govern any action related to the Terms of Use, the Websites and/or the Services.
You and Buyer's Choice agree to arbitrate all disputes between you and Buyer's Choice, except for disputes relating to the enforcement of Buyer's Choice’ intellectual property. Any disputes between you and Buyer's Choice relating to the Terms of Use, the Services and/or the Web sites must be resolved exclusively through binding arbitration pursuant to JAMS Comprehensive Arbitration Rules and Procedures (including Interim Measures), or in small claims court in County of Travis, Texas. In the event of a dispute, you or Buyer's Choice must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Buyer's Choice notice to the following address:
Buyer's Choice
5555 N Lamar Blvd,
Austin, TX 78751
We will send any notice of dispute to you at the contact information we have for you. You and Buyer's Choice agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Buyer's Choice do not resolve the dispute in such 60 day time period or in small claims court, then you or Buyer's Choice may commence arbitration. You and Buyer's Choice agree that a dispute will be heard before a neutral single arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. In addition, you and Buyer's Choice agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Buyer's Choice will pay all other arbitration fees and expenses.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM RELATING TO OR UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES AND/OR THE WEB SITES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
In no event shall any claim, action or proceeding by you or Buyer's Choice related in any way to the Terms of Use, the Services and/or the Web sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in County of Travis, Texas, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.