Buyer's Best Friend Inc. ("Company" or "BBF") provides a collection of online and offline resources, including websites (bbfdirect.com, http://secure-vault-prod.appspot.com/ (the "Secure Vault"), including subdomains and affiliated sites), widgets and embedded applications for other websites, mobile and desktop applications ("apps"), and application programming interfaces ("APIs") for use by other computers and software developers. Together, these resources are called "Services". Through these Services and third party services, BBF creates, transforms, stores and hosts information about products, people, companies, facts about the world and reviews and opinions about products, people, companies and facts ("Content").
Membership: Services & Billing/Fees/Cancellation
Age : BBF's Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.
Password : Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify BBF of any unauthorized use of your password or any breach of security. You also agree that BBF cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information : You must keep your account information up-to-date and accurate at all times, including a valid email address and valid and correct company information.
Account Transfer : You may not transfer or sell your BBF account or user ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Account Ownership and History : Most BBF users are granted access by virtue of specific affiliation with a company or employer. If this affiliation changes or terminates or we are notified by this company, you may lose your access to BBF and/or lose access to your account history and data. In many cases, independent BBF account may be permitted-- please contact us.
Right to Refuse Service : BBF reserves the right to refuse service to anyone, for any reason, at any time.
Cancellation : You may cancel your account at any time. However, for the integrity of other users' account histories, we may retain your data after you leave. If you require data deletion or export, please contact BBF and we will attempt to accommodate you at our discretion.
Costs . Account creation, shopping and creating a "basic" listing on BBF is free, but certain advanced services many require you, your company or affiliate to pay fees. BBF may, at BBF's sole discretion, change some or all of the Services at any time, including which are free and which are paid. In the event BBF introduces a new for-pay service, the pricing for that service are effective at the launch of the service. In the event BBF makes a service free that was previously paid, refunds may not be offered.
Accuracy of Information
Listing Description : By agreeing to list your company or item(s) on the Site you warrant that you and all aspects of the company and item(s) comply with BBF's policies and that you may legally post this information and sell these item(s). You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures , video and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Company Policies : All sellers are urged to outline their company's policies including shipping methods and payment methods. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with BBF's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. BBF reserves the right to require sellers to modify their policies or face penalties.
Penalties and Promotion : At its discretion, BBF may promote or penalize any individual, company or product on one or more of the Services. As an example, if a company tends to show incorrect or out-of-date information about one or more of its products, BBF may adjust its search ranking to display that company or its products below companies that we believe to have more accurate information. As another example, if we receive complaints about a company, we may remove them entirely from the site, either temporarily or permanently, with or without notice. Many other examples exists, and these are simply two of them.
Non-Binding Sales : Most orders placed on BBF are NON-BINDING to either party: sellers should treat them as leads or inquiries that may require adjustment or followup, and buyers should treat them like voice messages left with sellers after hours. As an exception, if BBF or an affiliated company processes the payment for an order, then that transaction is binding.
Fees : You may not charge extra fees to place orders through BBF and may not resell BBF Services (with or without value added Services) without explicit written permission from BBF. Please contact us!
Seller information : All users and sellers must list accurate information about their companies and products and may not impersonate any other user, person or company without their written consent. Users and sellers may not make false claims about a company or product. Unless stated, no employee or person has tried or tested any of the products on BBF-- and even if they have, your experience with a product or company may vary from another user's.
Buyer information : All users and buyers must list accurate information about themselves and may not impersonate any other user or person without their written consent. Users may not claim to represent a company without permission from that company. While BBF generally tries to verify that users are likely to be authorized to perform their duties, BBF MAKES NO WARRANTIES ABOUT THE IDENTITY OF BUYERS, SELLERS OR OTHER USERS-- you should check yourself before relying on their identity to make business or other decisions. In addition, BBF does not verify reseller IDs.
Prohibited Activities / Conduct
You are solely responsible for your conduct and activities on and relating to BBF and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, display and authorize to be on BBF-- including Content originally posted by other people (such as BBF employees, affiliates and contractors).
Violation of terms
Without limiting any other remedies, BBF may, without notice, and without refunding any fees or other renumeration, immediately delay, demote, hide, remove or change Content, warn BBF's community of a user or company's actions, issue a warning to an account, temporarily suspend account, temporarily or indefinitely suspend an account's privileges, change a user's role or authorized abilities, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user or account. BBF may take any of these actions for any reason, including but not limited to:
You may transmit or publish or approve-to-publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of the Service, is provided to you AS-IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making or approving any copyrighted or copyrightable content available on any Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner described above, you expressly agree that BBF shall have the right to immediately block access to or remove such content made available by you, if BBF receives complaints concerning any illegality or infringement of third party rights in such content. By using the any of the Services and transmitting or publishing any content using the Services, you hereby expressly and irrevocably consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by BBF for this purpose.
Intellectual Property Rights
Buyer's Best Friend, both the word and mark, are the logos are trademarks of BBF. You agree not to display or use, in any manner, the BBF trademarks, without BBF's express prior written consent. You acknowledge and agree that BBF is and shall remain the exclusive owner of all right, title and interest in and to the Services, including without limitation all patent, copyright, trade secret, trademark and other intellectual property rights therein, including any optimizations, enhancements, modifications or additional features added from time to time by BBF, whether in connection with your use or feedback or otherwise. Except for the right to use the Services strictly in accordance with these Terms, as amended or modified from time to time, no license or conveyance of any such proprietary rights to you is granted or implied under these Terms.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BBF. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of BBF, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service, without the written consent of BBF's authorized officers.
Sellers: while you own the rights to your Content, the data as embodied in a convenient form (.database. -- for example, in an online spreadsheet) is copyrighted by BBF and licensed to you for your use only. You must ask for written permission from BBF before sharing these databases with other parties.
Limitations of Liability (Content)
Subject to the benefits provided in your user/subscription agreement, you acknowledge that BBF may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BBF has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BBF reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice. BBF explicitly limits its liability for any modification, suspension or discontinuance of the Service to the pro-rated period of subscription fees paid for which no service shall be provided as a result of the suspension of Service.
Although BBF does not claim ownership of content that its users post or approve us to post, and by posting or approving Content to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BBF an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting or approving Content to any area of the Service, you automatically grant BBF all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
If you are authorized to do so and wish to remove Content from a BBF Service, please notify us and we will make a reasonable commercial effort to respond. Depending on agreements with third parties, technical limitations or other reasons, we may be limited in how thoroughly or quickly we remove your Content.
UNDER NO CIRCUMSTANCES SHALL BBF BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BBF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BBF SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BBF SITE OR THE SERVICE, FROM INABILITY TO USE THE BBF SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BBF SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BBF SITE OR THE SERVICE OR ANY LINKS ON THE BBF SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BBF SITE OR THE SERVICE OR ANY LINKS ON THE BBF SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information on Company, or in association with Company and its Service, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:
Send claims to:
Buyer's Best Friend
Attn: Copyright Agent
38 Lyon St
San Francisco, CA 94117
You agree to indemnify and hold BBF, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, contractors and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, approve or make available through the Service, your use of the Service, your violation of any aspect of the TOS or other contract, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOS constitutes the entire agreement between you and BBF and govern your use of the Service, superceding any prior agreements between you and BBF. The TOS and the relationship between you and BBF shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and BBF agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco. The failure of BBF to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except as explicitly stated otherwise, any notices shall be given by postal mail to BBF at Buyer's Best Friend Attn: Legal; 38 Lyon St, San Francisco, CA 94117, or to you at the email address you provide BBF at the time of registration. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BBF may give you notice by certified mail, postage prepaid and return receipt requested, to any address you provide to BBF. In such case, notice shall be deemed given three days after the date of mailing.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or use of the service in any way.
Termination of Service
Without limiting other remedies, we may limit, suspend or terminate our Services and user accounts, prohibit access to Services or Content, delay or remove hosted Content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to using the Service or Content to create unauthorized derivative databases). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify Content or Services.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BBF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BBF MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BBF, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU AGREE THAT BBF SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BBF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BBF RELATED TO ANY OF THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL BBF's LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY YOU TO BBF FOR SUCH SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY YOU AND BBF IN THESE TERMS.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Information We Collect
Our primary goals in collecting information are to provide and improve our Service, features and content, to administer your account.
When a user signs into the Service, they will be required to enter their name, title, company they work for, preferences, email and other contact information. We will use that information to create your account. We primarily use this information to customize the service for users-- for example, first showing crackers to buyers who tell us that they buy shelf stable grocery products, rather than showing fresh cheese first. We may also use this information to contact you with product updates and relevant opportunities. Finally, from time to time, we may make introductions between you and other participants on Buyer's Best Friend, primarily to facilitate you doing business with that party.
When you use BBF Services, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site or while you are using the Services, pages of our and third party sites that you visit, the time spent on those pages, information you search for on our Site or through the Services, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site and Services' technical administration, to increase the Site and Services' functionality and user-friendliness, and to better tailor it to our visitors' needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and the Services will serve information appropriate to your interests. We may use the Log Data with other information and we may aggregate, analyze and evaluate such information.
We anonymously aggregate user data to understand and report on geographic areas of activity (e.g. top cities). In the future we may also anonymously aggregate user generated content and present this data to our user community. We may use this information to create market trend reports that can be used by our users, their clients and the market at large. We will use this information to develop the product and improve service to our users. We may use this information to market the services of BBF to prospective clients.
Information We Collect for the Secure Vault
If you choose to use the Secure Vault, we will collect and store credit card and other payment information, including but not limited to your credit card number, expiration date, billing address, and authentication codes or related information (the "Payment Information").
Use of Information and Disclosure
Account information . We don't share your account information with anyone unless you direct us to do so, e.g. placing an order with a manufacturer. A small number of BBF employees and contractors have access to your information for the purposes of running our computer systems, providing technical support and other operations.
Payment information . We don't share your Payment Information with anyone unless you direct us to do so, e.g. placing an order with a manufacturer. A small number of BBF employees and contractors have access to your Payment Information, in encrypted form, for the purposes of running our computer systems, providing technical support and other operations. We do not share your Payment Information with any third parties; however, manufacturers whom you direct us to share your Payment Information with may share your Payment Information with third parties for the purpose of securing payment. For example, when you order a product from a manufacturer, the manufacturer may release your Payment Information to a credit card processor to confirm payment for the product and, if applicable, release your address to the delivery service to deliver the product. The use of your information by such parties is governed by the privacy policies of such parties and is not subject to our control.
Unsolicited communication . We operate on the "golden rule" and don't send you email or other communications that we wouldn't want ourselves, or sending it more frequently than we would want. You'll have a chance to change the frequency or discontinue such emails.
Transaction information . Unless you provide written consent, when we discuss transactions on BBF, we.ll share only one of the following classes of information at a time: (1) the company (not the user, which remains anonymous) which is buying unspecified products, (2) the products/companies in an order (but not the buyer or the amount), (3) the order amount and/or category. For example, we might show the list of recent orders as [date, dollar-amount and category], or as [product] -- but not both at the same time. Separately, we may show statistical information, as long as it is not possible to identify a particular transaction.
Information shared with Transaction participants . When you engage in a proposed transaction (ordering, sampling, general inquiry or contact) with another participant, we may share some information from your account with the other party, to help both parties save time "getting to know" one another. We attempt to exercise reasonable judgment about what to share during this process; for example, we do not share the history of your orders.
Seller information . For sellers, BBF is a service that helps to market and sell their products. In this effort, we aggregate information across companies, products, transactions, etc. and show this to users in ways that they find valuable in their decision to make purchases. In some cases, this may be perceived by some sellers to be positive and in other cases, negative-- such as product comparisons between manufacturers, average reviews, etc. Removal or modification of this information is at the discretion of BBF.
Information made public . We make some product information available to the general public-- if there are field(s) you wish to only show to logged-in users (or to no one), please notify us and we will hide those from your public pages.
BBF is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "data" (as defined in applicable state statutes on security breach notification) to you via conspicuous posting on BBF websites in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Sites
Our Service may contain links to, and may allow you to visit, other websites ("Third Party Sites"). If you choose to visit any of these Third Party Sites by "clicking on" another third party link or navigating to a Third Party Site, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
The Services are not directed to users under the age of 13. We do not knowingly collect information from children under the age of 13.
Children aged 13 or older should not submit any information without the permission of their parents or guardians. By using the Services, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use the Services.
If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org