THE FOLLOWING TERMS OF SERVICE ARE BETWEEN YOU (HEREINAFTER REFERRED TO AS “YOU”, “YOURS” OR “USER”)
BUYKAGAN®, BUYKAGAN.com, ITS PARENT CORPORATION, SISTER COMPANIES AND AFFILIATES (HEREINAFTER REFERRED TO collectively AS “BUYKAGAN”)
By accessing or using BUYKAGAN you agree to be bound by and accept without reservation the terms and conditions of this agreement. If you do not agree or do not want to be bound by such terms and conditions you should not access or use BUYKAGAN. You further understand, acknowledge, and agree that any terms and conditions may change from time to time without notice to you and by your accessing or using BUYKAGAN you agree to be bound by and accept such changed terms and conditions without reservation.
Please feel free to download or print any information provided by BUYKAGAN with the understanding that this information is provided for your personal use only. You may not, in whole or in part reprint, retransmit, distribute or reproduce any information unless receiving BUYKAGAN’s prior written permission.
You can only use BUYKAGAN for lawful educational and entertainment purposes. You may not use BUYKAGAN to transmit, distribute or store material in violation of any applicable law, nor in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others or that is obscene, threatening, abusive, defamatory, pornographic, invasive of privacy, illegal or hateful.
BUYKAGAN may contain links to web sites operated by other parties. The links are provided for your convenience only. BUYKAGAN does not control nor endorse such websites nor is BUYKAGAN responsible for the content, condition and performance of these sites or for your relationship with them. Links provided on the BUYKAGAN do not imply any endorsement of the material and/or products on such other websites.
You agree that BUYKAGAN, its officers, directors, employee or agents shall have no liability to you under any theory of law, liability or indemnity in connection with your use of BUYKAGAN. You hereby release, discharge and forever waive any and all claims you may have against BUYKAGAN, its officers, directors, employees, agents or the like including but not limited to claims based upon the negligence of BUYKAGAN, its officers, directors, employees, agents or the like for losses or damages you sustain in connection with your access and use of BUYKAGAN.
Under no circumstances including but not limited to negligence, shall BUYKAGAN be liable for any damages (special, consequential, incidental or punitive) that result from your use of, or your inability to use, the materials in this site, even if BUYKAGAN or a representative has been advised of the possibility of such damages. Applicable law may not allow the full or partial limitation or exclusion of liability or damages, so that the above limitation or exclusion may not apply to you, but such exclusion is applicable to the least extent possible to avoid such exclusion.
2) LEGAL NOTICE AND ARBITRATION AGREEMENT:
ARBITRATION AGREEMENT (Hereinafter referred to as “Agreement”):
Any action or proceeding to enforce any provision of, or based on any right arising out of, this Agreement must be resolved through binding arbitration, rather than in a court. Please read this section Agreement carefully. You accept the terms of this agreement by retaining the product(s) shipped in connection with this Agreement (the “Product”) for more than fourteen (14) days after receipt. If you do not agree to the terms of this arbitration agreement, you may return the product to BUYKAGAN within fourteen (14) days of receipt at no cost to you.
RESOLUTION OF CLAIMS OR DISPUTES
Any claim or dispute between you and BUYKAGAN (and/or of Company’s subsidiaries or affiliates) arising out of or relating in any way to the Product(s) or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and BUYKAGAN agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or a jury.
LIMITATION OF LEGAL REMEDIES
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
- a) Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to BUYKAGAN by calling 1-888-737-1017 and asking for the Legal Department and allowing BUYKAGAN the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
- b) The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its website at adr.org.
- c) The arbitration of any claim or dispute under this Agreement shall be conducted in the State of Illinois or the location in which you received this Agreement.
- d) All administrative expenses of arbitration proceedings commenced under this Agreement shall be divided equally between you and BUYKAGAN, except that: (a) if the claim or dispute that is the subject of the arbitration proceeding is less than ten thousand dollars (US $10,000), you will be responsible for no more than one hundred twenty-five dollars (US $125) in administrative expenses; (b) if the claim or dispute that is the subject of the arbitration proceedings is more than ten thousand dollars (US $10,000) but less than seventy-five thousand dollars (US $75,000), you will be responsible for no more than three hundred seventy-five dollars (US $375) in administrative expenses; and (c) if the claim or dispute that is the subject of the arbitration proceedings is more than seventy-five thousand dollars (US $75,000), then you will be responsible for administrative expenses in accordance with the Commercial Fee Schedule provided by the AAA. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
CHOICE OF LAW
The United States Federal Arbitration Act and the laws of the State of Illinois shall govern this agreement.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
This Agreement embodies the entire understanding between the Parties and supersedes any prior understanding and agreements between and among them respecting the subject matter hereof. There are no representations, agreements, arrangements or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement, which are not fully expressed herein.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE MATERIALS PROVIDED IS AT YOUR SOLE RISK. THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUYKAGAN 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 AND NON-INFRINGEMENT. BUYKAGAN MAKES NO WARRANTY THAT;
- THE MATERIALS WILL MEET YOUR REQUIREMENTS,
- THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BUYKAGAN IS DONE AT YOUR OWN DISCRETION AND 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 ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH BUYKAGAN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUYKAGAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUYKAGAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE BUYKAGAN;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BUYKAGAN;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
© 2018 Kagan Unlimited. ALL RIGHTS RESERVED. Unauthorized use of any content is strictly prohibited.
BuyKagan™ and KAGAN™ are trademarks of Angel Sales Inc. DBA Kagan Unlimited, Chicago, IL USA. Unauthorized use of this trademark is strictly prohibited.