Terms of Service

BuyVia Terms of Service

Last Updated: May 21, 2013

OVERVIEW
These terms and conditions (Agreement) govern your use of this website and mobile app (Site), an online information service operated by BuyVia, LLC (this website, our mobile apps, we, our, us, etc.). By using this Site you consent and agree to the terms and conditions contained in this Agreement. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Site.

FTC

BuyVia is compensated for sales of some products promoted in our products. In compliance with the Federal Trade Commission’s Guide Concerning the Use of Endorsements and Testimonials, we have stated this.

COPYRIGHT

All content (Content) included on this Site, such as text, graphics, logos, color combinations,
layout, button icons, images, audio clips and software (whether contained in or used to operate the Site), is the property of this site or its content suppliers and protected by U.S. and international
copyright, trademark, service mark and other intellectual property laws. The compilation
(meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of this site and protected by U.S. and international copyright laws. This Agreement does not transfer any right, title, or interest in the Site or the Content to you, and nothing contained in this Agreement or on the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise other than as explicitly set forth herein. this site and its Content suppliers retain all of its and their respective right, title and interest to the Site and Content.

For copyright infringement claims regarding Content on this Site, please see below under the heading COPYRIGHT INFRINGEMENT.

THIRD PARTY SOFTWARE

ZBar

This Site uses the ZBar barcode scanning library, Copyright 2007-2010 (c) Jeff Brown - All Rights Reserved., which is licensed under the (the "License"); you may not use this file except in compliance with the License.

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

GData

Copyright [2012,2013] [BuyVia, LLC]

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.
You may obtain a copy of the License at:

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

TSAlertView

Includes TSAlertView code by Nick Hodapp.

http://www.linkedin.com/in/nicholashodapp

FMDB

Copyright (c) 2008 Flying Meat Inc.

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

OpenUDID

Copyright 2011 OpenUDID.org

TRADEMARKS

This Site(TM) is a United States trademark of this site. This sites trademarks may not be used in connection with any product or service that is not the property of this site, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits this site. Certain products, services, or company designations for companies other than this site may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status. All trademarks and registered trademarks mentioned on this Site are properties of their respective owners.

CONTENT

This Site provides a number of different services to assist you in shopping for products and services on the Site. This Site is paid by merchants or other third parties for listing products and services on the Site and for promotions.

This Site does not sell, resell or license any of the products listed on the Site, nor is This Site acting as an agent of sale, and Site disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

This Site does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Site of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Site assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.

We cannot guarantee the accuracy of pricing, product, or inventory. Please contact the Merchant directly to verify product availability and pricing.

USE OF CONTENT; LINKING TO OUR SITE

Use of Content. The Content may be used as a personal informational resource. Specifically, you may download, view, copy and print Content only to the extent such activities are solely for your personal informational use.

Linking to Site. You may link or hyper-link to the Site from any Qualified Site, provided (a) you do not frame the Site or any portion of the Site; (b) the link or hyper-link to the Site is not used in a way that suggests that this site endorses you or your web site; (c) the link is identified using a plain text rendering of the this sites name and not any trademark or this site, ie logo; (d) the link or hyper-link to the Site is not used or presented in any way that disparages this site or tarnishes, blurs, or dilutes the quality of our names or trademarks or any associated goodwill; (e) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and (f) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

"Qualified Site" means a web site that displays no Objectionable content, is not owned or controlled by a competitor to this site and the content of which is not competitive to the Site.

"Objectionable" means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (1) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (2) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or (3) constitutes a breach of any persons privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (4) violates or encourages other to violate any applicable law.

No Other Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Site without our written permission is strictly prohibited.

EMAIL and FEEDBACK; USER INFORMATION

"User Information" is any information that you send or transmit via e-mail or other means to this site, its webmaster or employees (including, but not limited to, feedback, questions, comments, etc.). this site does not pre-screen User Information, and this site has the right (but not the obligation) to refuse or remove any User Information that is available through the Site in its sole discretion. By using this Site, you hereby grant this site a world-wide, royalty free and non-exclusive license to:
(a) use, reproduce, copy, modify, transmit, adapt, publish, translate, reformat, create derivative works from, distribute, publicly perform, and publicly display such User Information (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed; (b) publish your name in connection with the User Information; and (c) sublicense such rights to this sites subsidiaries, affiliates, and partners. However, your personally identifiable information will be treated in accordance with this sites Privacy Policy.

You agree: (1) that you will not be paid with respect to the use of your User Information; (2) that by sending or transmitting User Information, you are representing that you own or otherwise control all of the rights to your User Information; (3) that all so-called "moral rights" in the User Information have been waived; (4) that you are solely responsible for your actions and the content of your transmissions through or postings on the Site; (5) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Information transmitted through the Site; and (6) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Please do not submit Objectionable User Information or use the Site in any way that is Objectionable.
"Objectionable" has the meaning set forth under the "USE OF CONTENT; LINKING TO OUR SITE" section of this Agreement. This site and its employees do not accept or consider unsolicited ideas. Please do not send your unsolicited ideas or any original materials to this site or anyone at this site. If, despite this request, you still send this site your ideas or such materials, please understand that this site makes no assurances that your ideas or materials will be treated as confidential or proprietary, and upon submission, any such ideas or materials become the sole and exclusive property of this site.

PROHIBITIONS

Under no circumstances may you:

- send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);

- delete, modify or attempt to change or alter any of the Content on the Site;

- use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties use of the Site;

- use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;

- use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or

- use any this sites names, service marks, or trademarks without our prior written consent, including
without limitation as metatags or hidden text.

EXTERNAL LINKS; OTHER SITES PRODUCTS, SERVICES AND CONTENT

The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, this Site\'s affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (Other Sites). These links are provided solely as a convenience to you, and do not constitute an endorsement by Site of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. This Site is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites.

You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. This site is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by this site, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties
found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THIS SITE, ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH THIS SITE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "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."

COMMENTS

Our Comments are maintained as a convenience for public participation among our users, using their real names. All contributions must conform with our requirements and policies as contained in this Agreement and otherwise posted on our Site. Contributions may not contain advertising. Users are individually liable for their own contributions and we expressly disclaim all responsibility or liability for any contributions. Posting a contribution constitutes consent to any further use of the contribution by us. We reserve the right to monitor the Comments and to modify or remove specific content that we deem a violation of our requirements and policies, but we have no obligation to do this.

SPECIAL LEGAL CONSIDERATIONS; OTHER TERMS

You must possess the legal right and ability to use the Site. Certain portions of the site and/or the Content may not be suitable for all visitors. You agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portions(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site. Notwithstanding any other provision of this Agreement to the contrary, this site reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies)
and, to disclose information about you pursuant to our Privacy Statement which is hereby incorporated by reference.

DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. This site EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
this site MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS,
IF ANY, WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

APPLICABLE LAW

This Site is owned and operated by this site in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Site and these disclaimers, terms and conditions at any time.

MODIFICATIONS TO SITE; AGREEMENT; TERMINATION OF SITE

We reserve the right to modify or revise these Terms of Use and/or Privacy Statement or our other policies at any time at our sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Site unless otherwise stated by us, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following our posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.

Access or Site Termination. this site reserves the right to terminate your access to this Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site.
You acknowledge and agree that this site will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT SHALL this site OR ITS THIRD PARTY CONTENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF this site WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify, defend and hold harmless this site, its affiliates, shareholders, directors, officers, co-branders, content providers, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of this Agreement. This obligation will survive your use of the Site.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this Agreement or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in San Francisco, California, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof.
Both parties hereby consent (a) to the non-exclusive jurisdiction of the courts of San Francisco, California for any action (1) to compel arbitration, (2) to enforce the award of the arbitrators or (3) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law.

Some jurisdictions may provide additional rights to consumers.

LIMITATION ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by this site to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

GENERAL

If any provision of this Agreement is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement will remain in effect. this site failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. this site may assign its rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you. You may not assign this Agreement without the prior written consent of this site. This Agreement, the Privacy Statement, any operating rules, policies, or procedures that may be posted from time to time by this site on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in this Agreement and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act (\'DMCA\'), this site has designated an agent to receive notifications of alleged copyright infringement associated with the Site. this site will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: via our contact page. When notifying us of the alleged copyright infringement, please include all of the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

b) Identification of the copyrighted work claimed to have been infringed;

c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;

d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If material is believed in good faith by this site to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with this site . You may want to seek independent legal counsel before filing a notification or counter-notification.

ACKNOWLEDGEMENT

By using this Site, You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.

CONTACT INFORMATION

If you have any questions regarding this Agreement or the Site, please contact this site via email to us.

BuyVia, LLC
63 Bovet Road Suite 311
San Mateo, CA 94402-3104