• Zach Sansone

BUYBACK.AI Subscriber Terms

Last Modified: October 29, 2021


Your Acceptance

Welcome to the Buyback.ai Subscriber Terms. This is an agreement (“Agreement”) between iTechshark LLC (“Buyback.ai”) the owner and operator of the website https://www.buyback.ai and the Buyback.ai software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “Subscriber”) a Subscriber of the Platform.

PLEASE BE AWARE THAT THERE ARE BINDING ARBITRATION, CLASS ACTION, AND LIMITATION OF LIABILITY PROVISIONS THAT MAY AFFECT YOUR LEGAL RIGHTS.

Throughout this Agreement, the words “Buyback.ai,” “us,” “we,” and “our,” refer to our company, Buyback.ai, as is appropriate in the context of the use of the words.

By clicking “I agree”, subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes please cease using our Platform immediately.


Platform and Registration

Subscribers may access the Platform as permitted by us. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 18 to register and create an account. We reserve the right to verify all Subscriber credentials and to reject any Subscribers. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify Buyback.ai immediately of any unauthorized use of your account or any other breach of security. Buyback.ai will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.


Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Buyback.ai and/or Buyback.ai’s licensors and that Buyback.ai and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Buyback.ai.  You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Buyback.ai to others in violation of this Agreement.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Buyback.ai. All rights not expressly granted in this Agreement are reserved for us. You may only access the Platform as permitted by us.


Platform

After registering and properly subscribing to the Platform, where required, we shall grant you access to the Platform in accordance with this Agreement, where you download any portions of the Platform we grant you a limited, revocable, non-sublicensable, non-assignable license to download such portions of the Platform in accordance with this Agreement. You may use the Platform solely as permitted and provided for by Buyback.ai and in compliance with all applicable laws. Use and any licensing of the Platform is solely for your own internal commercial purposes and that of your authorized users. Please be aware that all portions of the Platform are offered on an “as is” basis and Buyback.ai makes no representations or warranties regarding any portion of the Platform. Where any portion of the Platform is hosted by us your ability to use or access such hosted portions of the Platform are on an “as available” basis without any uptime guarantees. Buyback.ai reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality to any subscription levels at its sole discretion. Nothing in this Agreement obligates Buyback.ai to make any previously available feature on the Platform available to you or offer any types of compatibility or versioning. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.


Subscriber Responsibilities

As a Subscriber you represent and warrant that: (1) Subscriber shall use the Platform solely for Subscriber’s internal commercial purposes in accordance with this Agreement; (2) the person entering into this Agreement on behalf of Subscriber is duly authorized and has the power and authority to enter into this Agreement and bind Subscriber; (3) any Subscriber Content posted or any services offered shall be in a professional and diligent manner in accordance with industry best practices and standards; (4) any Subscriber Content posted on the Platform by Subscriber does not violate any third party agreements; and (5) Subscriber shall use the Platform only for legal and lawful purposes and agrees to abide by all laws of its local jurisdiction when using the Platform including but not limited to laws relating to spam, marketing, and email. Subscriber shall indemnify and hold Buyback.ai harmless for a breach of any provisions of this section. Where you have violated this Agreement we reserve the right to release your information to law enforcement in order to assist with any investigation at our discretion.


Subscriber’s Authorized Users

Where we permit Subscriber’s authorized users, including but not limited to your employees, contractors, or customers to access the Platform, Subscriber shall ensure that all such authorized users shall enter into and comply with this Agreement. Further, Subscriber shall indemnify Buyback.ai for its authorized users’ use and access to the Platform.


Subscriber Payments

Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Where Subscriber has properly paid for a subscription we shall grant Subscriber access to the Buyback.ai Platform. In addition, Subscriber agrees to timely pay any and all fees as charged. Subscriber may upgrade or downgrade its subscription at any time. Buyback.ai uses a third party payment processor and where applicable, Subscriber must agree to our third party payment processors’ terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in the currency as stated at the time of purchase. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where Subscriber has failed to pay or where payments are overdue, Buyback.ai may suspend or terminate Subscriber’s access to the paid portions of the Platform, without liability to us.


Automatic Payment and Renewal

Where a Subscriber has purchased a subscription, Subscriber’s payment information shall be logged for Subscriber’s convenience. IF SUBSCRIBER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, BUYBACK.AI MAY CHARGE SUBSCRIBER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS SUBSCRIBER NOTIFIES US THAT SUBSCRIBER WANTS TO CANCEL SUBSCRIBER’S AUTOMATIC PAYMENT VIA SUBSCRIBER’S ACCOUNT DASHBOARD. ADDITIONALLY, SUBSCRIBER AUTHORIZES US TO BILL SUBSCRIBER ON A RECURRING BASIS AND AGREES THAT SUBSCRIBER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS SUBSCRIBER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. SUBSCRIBER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY SUBSCRIBER TO CHARGE SUBSCRIBER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.


Refunds for Subscription

We want you to be satisfied with your subscription; therefore we offer a fourteen (14) day refund policy from the date of your first payment to access the Platform. Please contact us regarding any refund requests. Please be aware that we have the sole discretion in granting refunds and any refunded payments may not be processed instaneously.


Taxes

Where Buyback.ai does not charge Subscriber taxes for any payments, Subscriber agrees to pay any and all applicable taxes. Subscriber agrees that Buyback.ai cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.


Pricing and Price Increases

The pricing for all paid subscriptions is listed on the Buyback.ai Platform or within Subscriber’s account. Additionally, Buyback.ai may increase the price of any paid subscriptions or Buyback.ai fes charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Buyback.ai shall notify Subscriber will have the chance to accept or reject any price increase. Please notify us if Subscriber intends to reject a price increase. Where Subscriber has rejected a price increase this Agreement may be terminated immediately at our discretion. Subscriber agrees that Buyback.ai has no obligation to offer any services for the price originally offered to Subscriber at sign up.


Free Trials

Buyback.ai may offer the Platform on a free trial basis. Buyback.ai reserves the right to discontinue or modify any free trials at any time and without liability. Where Subscriber has signed up for a free trial, Subscriber agrees at the expiration of Subscriber’s free trial Subscriber may be automatically charged for any additional usage of the Platform in accordance with Buyback.ai’s then current pricing.


Termination of Subscription

Subscriber may terminate a portion or cancel its entire subscription at any time via Subscriber’s Buyback.ai dashboard or contacting us at help@buyback.ai. Please be aware that upon termination of Subscriber’s account, access to all or portions of our Platform may be immediately disabled to Subscriber and its authorized Subscribers, and any Subscriber Content stored may not be retained. We may terminate Subscriber’s subscription if we determine that: (1) Subscriber has violated any applicable laws while using our Platform; (2) if Subscriber has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of Subscriber’s past, current, or future actions may legally harm Buyback.ai, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide Subscriber with a timely explanation; however, we are not required to do so.


Subscriber Account Holds

From time to time, Buyback.ai may place a hold (“Hold”) on a Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that Subscriber’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If Subscriber has questions about a Hold we may have placed on Subscriber’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.


Subscriber Support

Buyback.ai may offer Subscribers standard support, in accordance with Buyback.ai’s internal policies, when accessing, troubleshooting, or using the Platform. Support for the Platform is offered on an as available basis and where a Subscriber requires any support, Subscriber should contact Buyback.ai at help@buyback.ai. Please be aware that Buyback.ai reserves the right to charge for any excess support required by Subscriber that is in excess of the standard support offered by Buyback.ai.


Third Party Integrations

Buyback.ai may offer third party integrations (“Third Party Integrations) at its discretion. Where a Third Party Integration is made available through the Platform, Buyback.ai does not warrant or endorse any such Third Party Integration. Subscriber may be required to purchase an additional subscription or otherwise pay for access to any Third Party Integration from the entity that makes such Third Party Integration available. Any issues with the transmission, processing, or storage of any Subscriber Content by any Third Party Integration is solely to be resolved by and between you and any entity owning such Third Party Software.


Hosted Services

Where you use any of our hosted services on the Platform you agree that all users that access this Platform or submit information to you shall be subject to this Agreement. You agree that you will ensure that all users shall comply with this Agreement and you shall indemnify us (subject to our indemnification provisions) for any such users authorized by you to access the Platform.


Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  


Subscriber Content

A Subscriber’s ability to submit or transmit any information through the Platform, including but not limited to Subscriber information, data, recordings, written content, images, videos, or any other information will be referred to as “Subscriber Content” throughout this Agreement. Except for the obligations set forth within the Subscriber sections of this Agreement, Buyback.ai is not required to host, store, display, migrate, or distribute any of your Subscriber Content and we may refuse to accept or transmit any Subscriber Content at our discretion. You agree that you are solely responsible for any Subscriber Content submitted and you release us from any liability associated with any Subscriber Content submitted. Any Subscriber Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any Subscriber Content to our Platform you represent and warrant that you own all rights to the Subscriber Content, you have paid any fees to use or license the Subscriber Content, or you otherwise have the permission and right to use any Subscriber Content. Furthermore, you represent and warrant that all Subscriber Content is legal and the Subscriber Content does not interfere with any third party rights or obligations.

When you submit any Subscriber Content to us, you grant Buyback.ai, its partners, affiliates, Subscribers, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your Subscriber Content for the purposes of providing you any services associated with the Platform. Please be aware that Subscriber Content may be shared with other Subscribers of the Platform or third parties as applicable. Buyback.ai has no liability to you for any Subscriber Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Buyback.ai shall not be liable for any errors related to any Subscriber Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any Subscriber Content for any reason or no reason, and with or without notice to you. Where we make any Subscriber Content available for download you understand that upon termination of your subscription such ability to download may become immediately disabled. We have no obligation to assist you in migrating any Subscriber Content.


Monitoring Subscriber Content

Buyback.ai shall have the right, but not the obligation, to monitor all Subscriber Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Buyback.ai shall have the right, but not the obligation, to remove or disable access to any Subscriber Content at its sole discretion.


Subscriber Content Storage

Buyback.ai at its discretion may offer reasonable amounts of storage for any Subscriber Content submitted by Subscriber. Where any Subscriber exceeds our storage capacity limits, we reserve the right to charge Subscriber for such excess storage or terminate this Agreement at our discretion. Please be aware that we have no obligation to offer any storage of any Subscriber Content and may change our policies related to Subscriber Content storage limits at our discretion. We reserve the right to discontinue storage or modify any pricing, services, policies, or terms related to Subscriber Content storage on our Platform (at any time). Please be aware that we make no guarantees about any Subscriber Content stored on the Platform and Subscriber releases us from all liability related to any Subscriber Content stored on the Platform. Specifically, we do not guarantee that Subscriber Content will remain available, secure, accessible, or complete and some or all of the Subscriber Content may be deleted. Buyback.ai shall have no obligation to keep or make available any Subscriber Content after a termination of Subscriber’s subscription to the Platform and shall have no obligation to assist in migrating such Subscriber Content.


Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

  • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;

  • You may not use automated bots or other software to send more messages through our Platform than humanly possible;

  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;

  • You may not access our Platform in an attempt to build a similar or other competitive product;

  • You may not use the Platform in an unlawful manner;

  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

  • You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;

  • You may not interfere with or disrupt the Platform;

  • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and

  • You agree that you will not hold Buyback.ai responsible for your use of our Platform

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Buyback.ai reserves the right to suspend or terminate any account at any time at our discretion.


Platform Availability

Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform or any portions thereof. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only Subscribers who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.


Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.


Idea Submission

Buyback.ai or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Buyback.ai. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Buyback.ai’s products might seem similar to ideas submitted to Buyback.ai. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Buyback.ai, without any compensation to the submitter; (2) Buyback.ai may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Buyback.ai to review the Submission; and (4) there is no obligation to keep any Submissions confidential.


Third Party Content

Buyback.ai does not endorse or warrant any third party content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered on the Platform. Buyback.ai may provide pricing information for certain products that are based on Third Party Content, any such pricing information is provided without warranty or endorsement. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Buyback.ai assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.


Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BUYBACK.AI, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. BUYBACK.AI DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. BUYBACK.AI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. BUYBACK.AI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND BUYBACK.AI SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.


Limitation of Liability

IN NO EVENT SHALL BUYBACK.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BUYBACK.AI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY BUYBACK.AI’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED CANDIAN DOLLARS, WHICHEVER IS GREATER.


Indemnity

You agree to defend, indemnify and hold harmless Buyback.ai, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:


your use of and access to the Buyback.ai Platform and your authorized Subscribers’ use or access to the Platform;

your violation of any term of this Agreement; or

your violation of any third party right, including without limitation any copyright, property, or contractual right.


This defense and indemnification obligation will survive this Agreement and your use of the Buyback.ai Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.


Copyrights

Takedown Notice

We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

  • Your name.

  • The name of the party whose copyright has been infringed, if different from your name.

  • The name and description of the work that is being infringed.

  • The location on our Platform of the infringing copy.

  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Buyback.ai, help@buyback.ai or Buyback.ai 14751 Manchester Rd, Ballwin, Missouri 63011


Counter Notice

In the event that you receive a notification from Buyback.ai stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.

  • The notification reference number (if applicable).

  • Identification of the material and its location before it was removed.

  • A statement under penalty of perjury that the material was removed by mistake or misidentification.

  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).

  • Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: Buyback.ai, help@buyback.ai or Buyback.ai 14751 Manchester Rd, Ballwin, Missouri 63011.


Choice of Law

This Agreement shall be governed by the laws in force in the state of Missouri. The offer and acceptance of this contract is deemed to have occurred in St. Louis, Missouri. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.


Disputes

Any dispute relating in any way to this Agreement or your use of the Platform shall be submitted to binding arbitration in St. Louis, MO. Any and all disputes arising out of or relating to this Agreement, including fraud in the inducement, whether in contract or tort, law or equity, shall be resolved by final arbitration before one arbitrator in accordance with the then applicable rules of Judicial Arbitration and Mediation Implementation Services, Inc., such rules may be found at https://www.jamsadr.com/. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Any claim or cause of action arising out of, related to or connected with this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. The dispute resolution procedures in this section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, confidential information, or trade secrets such remedies abovementioned requiring injunctive relief shall be heard in a court of competent jurisdiction located within St. Louis County, MO.


Class Action Waiver

You and Buyback.ai agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.


Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.


If two or more provisions of this Agreement or any other agreement you may have with Buyback.ai are deemed to conflict with each other’s operation, Buyback.ai shall have the sole right to elect which provision remains in force.


Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.


Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, Subscriber Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.


Entire Agreement and Notices

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to Buyback.ai 14751 Manchester Rd, Ballwin, Missouri 63011, delivery confirmation required. Any notices to Subscriber shall be delivered either electronically via email to Subscriber’s account or to the address listed within Subscriber’s account.


Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.


Electronic Communications

The communications between you and Buyback.ai use electronic means, whether you visit the Platform or send Buyback.ai e-mails, or whether Buyback.ai posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Buyback.ai in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Buyback.ai provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.


Termination

We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Buyback.ai, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any Subscriber Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your Subscriber Content.


Platform Issues

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at help@buyback.ai


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