DISCLAIMER OF WARRANTIES; LIABILITY; INDEMNIFICATION
buyersWELL.com makes no assurance, confirmation or guarantee on the claims made by third parties on this website whether financial or otherwise. You agree and understand that you are solely responsible for verifying any claims or information and due diligence before you enter into any transaction through the use of this website.
THE SERVICE, AND ANY buyersWELL.com DATA, buyersWELL.com MARKS, OR CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND buyersWELL.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
renterWELLcom DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT OR MATERIALS FROM OR RELATED TO THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE, OR ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOU ACKNOWLEDGE THAT buyersWELL.com DOES NOT WARRANT THAT INFORMATION OR ADVICE OBTAINED BY YOU FROM buyersWELL.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. buyersWELL.com DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE SERVICE, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN. FURTHERMORE, buyersWELL.com DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICE OR ITS USE, LOSS OF PERSONAL CONTENT ON THE SITE, LOST OR UNDELIVERABLE EMAIL, AND FOR ANY OTHER REASON. UNDER NO CIRCUMSTANCES WILL buyersWELL.com BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
buyersWELL.com CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
You agree to indemnify and hold buyersWELL.com and buyersWELL.com’s affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (a) Your use of the Service; (b) Your breach or violation of any of these Terms of Service; (c) buyersWELL.com’s use of Your User Generated Content; or (d) Your violation of the rights of any third-party.
YOU AGREE NOT TO POST OR UPLOAD FILES THAT CONTAIN VIRUSES, CORRUPTED FILES OR ANY OTHER SIMILAR SOFTWARE OR PROGRAMMES THAT MAY DAMAGE THE OPERATION OF buyersWELL.com WEBSITE AND/OR A THIRD PARTY'S COMPUTER SYSTEM AND/OR NETWORK. YOU AGREE NOT TO VIOLATE ANY COPYRIGHT, TRADE MARK, OTHER APPLICABLE OR INTERNATIONAL LAWS OR INTELLECTUAL PROPERTY RIGHTS OF buyersWELL.com, THE RIGHTS OF OTHER USERS OR ANY OTHER THIRD PARTY.
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the buyersWELL.com Website. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the buyersWELL.com.
LIMITATION OF LIABILITY
NO CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS OF SERVICE, OR SUCH PARTY’S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
buyersWELL.com’s failure to enforce at any time any provision of these Terms of Service does not constitute a waiver of that provision or of any other provision of these Terms of Service.
ENTIRE AGREEMENT; ASSIGNMENT
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof, all previous understandings whether oral or written having been merged herein. No representations or warranties have been made other than those expressly set forth herein. Without limiting the foregoing, the parties have not relied on any oral statements that are not included in the Terms of Service. These Terms of Service (a) inure to the benefit of and will be binding upon buyersWELL.com’s and You and Your permitted successors and assigns, respectively and (b) may be assigned by buyersWELL.com in whole or in part, but You may not assign these Terms of Service, or any part thereof, without the prior express written consent of buyersWELL.com.
If any provision of these Terms of Service, or the application thereof under certain circumstances, is held to be invalid or unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Service, or the application of such provision under other circumstances, shall remain in full force and effect.
Your use of the Service, including buyersWELL.com’s software, is subject to export and re-export control laws and regulations, including Export Administration Regulations. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any component or element of the Service to any end-user without obtaining the required authorizations from the appropriate government authorities.
buyersWELL.com’s WEBSITE ADMINISTRATORS AND DATA MANAGEMENT SYSTEMS SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE WEBSITE, ANY INFORMATION CONTAINED ON THE WEBSITE, YOUR OR YOUR COMPANY'S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER THE WEBSITE OWNER NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY SHARE PRICE INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF.
buyersWELL.com is only for adults over the age of 18. buyersWELL.com does not knowingly collect personal information from minors. Children are not permitted to use the buyersWELL.com website or services, and buyersWELL.com requests that children not submit any personal information to the website.
buyersWELL.com does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to buyersWELL.com that you are legally entitled to do so and to make use of information made available via the website.
buyersWELL.com takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, buyersWELL.com cannot guarantee the security of any information that is disclosed online.
buyersWELL.com is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third parties privacy policies before providing any data to them.
USE AND DISCLOSURE OF INFORMATION
You may also be asked to provide personally identifiable information on the renterW.com website, which may include your name, address, telephone number, credit card number, and e-mail address. This information can be gathered when feedback or E-mails are sent to buyersWELL.com, when you register for services, or make purchases via the website. In all such cases you have the option of providing us with personally identifiable information.
Except as otherwise stated below, we do not sell, trade or rent your personally identifiable information collected on the site to others. The information collected by our site is used to process orders, to keep you informed about status of your requests or orders, to notify you of products or special offers that may be of interest to you.
We must release your mailing address information to the credit card processor to charge for the listing or services that you ordered.
buyersWELL.com may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request.
buyersWELL.com may also provide such personally identifiable information as otherwise required by law.
If you provide buyersWELL.com with content for publishing or feedback, we may publish your user name or other identifying data with your permission.
buyersWELL.com may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.