Terms & Conditions
Effective Dec 25, 2019.
Welcome to Buyformee, by using this Site, Mobile App and the Services, in addition to any Additional Policies applicable to any particular features, content and functionality of the Services (incorporated into the Terms by reference), offered by Buyformee, Inc., Users agree to be bound by these Terms.
AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, USERS AGREE TO RESOLVE DISPUTES WITH BUYFORMEE THROUGH BINDING ARBITRATION (AND WITH VERY FEW LIMITED EXCEPTIONS, NOT IN COURT), AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER IN SECTION 20 BELOW).
Buyformee may amend the Terms at any time in our sole discretion by posting a revised version of the Terms. Unless we make clear otherwise, access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If we make any material change to these Terms, we will notify Users by sending an email, posting a notice through the Services, or any other place(s) appropriate.
What Is Buyformee?
Buyformee is a crowd funding platform for personal NEEDS & WANTS. Users upload products they need or want and get funded by Friends and Well wishers.
Users can also contribute towards other people’s Needs and Wants as a way of growing the culture of giving worldwide.
Posting content on Buyformee?
Buyformee permits you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on Buyformee is referred to as "User Content." You hold all rights in, and are exclusively responsible for, the User Content you post to Buyformee.
Buyformee is free to join and use, however, it has 3 membership levels which are determined by the activity of a ‘’registered user’’ on the platform or mobile application.
- Bronze membership - this is assigned to a user upon registering with Buyformee for the first time. Bronze members can freely use the site without any limit. But their trust level is very low.
- Silver membership – when a user gives away a physical product using the giveaway section ‘’giveaway.buyformee.com ’’. OR when they make a contribution towards a friend’s / other user’s Needs & Wants.
- Golden membership – when a user gives away ‘’both’’ a physical product via the giveaway section ‘’giveaway.buyformee.com and also contributes towards a friend’s / other user’s Needs & Wants.
Your Account and Obligations
Here at BUYFORMEE - We give you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- YOU ARE RESPONSIBLE FOR YOUR ACCOUNT. To use our platform and mobile app, you will need to register and create an account with a username and password. Make sure you provide us with accurate information and always update this information as needed. You are not allowed to impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. Once our system detects that you have faked your identity, your account will be close and you will never have another chance to use our service. You are exclusively responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect unauthorized use of your account, you should notify BUYFORMEE immediately by contacting us here. To the extent permissible under applicable law, we are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
- DELETING YOUR ACCOUNT. If you wish to end your relationship with BUYFORMEE, you can submit a request to delete your account by contacting us here, however; this may not led to automatic deletion of User Content. We may need to retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights to User Content.
- YOU MUST BE 18 YEARS OLD. You must be 18 years or older to sign up for an account and use our Services/Mobile App. Outside of the European Economic Area (“EEA”), minors between the age of 13 and 18 years are only permitted to use our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. ****Children who are under 16 residing in the EEA are not permitted to access the Site or use the BUYFORMEE App. You are responsible for any and all account activity conducted by a minor on your account.
- FOLLOW THE LAW AND OUR POLICIES. You should not take any action that violates the law, infringes or violates anyone else’s rights, or breaches any agreements or legal obligations that you have toward anyone. You may not give false reason(s) as to why you need or want any specific item/product. All reasons should be genuine. If you receive a donation or a product, you have to show us ‘’how it helped you or changed your life?’’ You shouldn’t upload products that are illegal, violate any of Buyformee’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- BE TRUTHFUL. Avoid posting false, misleading or inaccurate information. Don’t do anything deceptive or fraudulent.
- RESPECT OTHER PEOPLES RIGHTS. You should not abuse, threaten, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- AVOID SPAM AND UNSOLICITED COMMUNICATIONS. You are not allowed to distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, or any kind of auto-responder or spam on or through the Site.
- RESPECT THE PROPERTY OF OTHERS. You should not distribute software viruses, or anything else designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User. You may not access our Site or Services if we have prohibited you from doing so.
- DO NOT ENGAGE IN ACTIVITIES THAT AFFECT THE FUNCTIONING OF THE SITE. You may not bypass any measures that we have put in place to secure the Services, take actions to gain unauthorized access to any system, data, passwords, or other BUYFORMEE or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
- RESPECT PRIVACY. When you use the Service, create a Giveaway, create a Campaign, you may receive information about other Users, including personally-identifiable information. This information is provided for purely for the purpose of fulfilling the applicable Campaign and other Services and may not be used for other purposes without the consent from the User. You will maintain records of all such verifiable consent.
CREATING AND RUNNING A CAMPAIGN ON BUYFORMEE
CAMPAIGN OWNER: - When you, as a Campaign Owner create a Campaign on the Site and asks for Contributions from friends, family and well wishers, you understand that you are entering into a separate legal agreement with both BUYFORMEE and Contributors. Therefore the following rules apply (in addition to the all other Terms and Additional Policies).
- Service Fees. Campaign Owners are not charged for listing their Needs and Wants on BUYFORMEE. We have kept our platform 100% free for Campaign Owners. In connection to receiving Contributions from Contributors, Campaign Owners appoint BUYFORMEE as the Campaign Owner's limited agent for the sole purpose of receiving, holding, and settling payments to such Campaign Owner. As a Campaign Owner's agent, BUYFORMEE's receipt of Contributions on a Campaign Owner's behalf is the same as receipt of Contributions by directly by a Campaign Owner.
- Right to Withhold Funds. Campaign Owners should not assume that they will receive Contributions made to a Campaign. Disbursement of Contributions to a Campaign Owner may be delayed, or withheld in their entirety, for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, violation of the Terms or Use or any other policy, or any other situation where BUYFORMEE determines that Contributions should not be disbursed in its sole discretion.
- Refunds. BUYFORMEE offers a limited refund to Contributors in accordance with our Refund Policy. Refunds outside of our Refund Policy must be handled by the Campaign Owner, and BUYFORMEE has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Contributor. BUYFORMEE reserves the right to terminate User Accounts and remove Campaigns for any abuse of the Refund Policy.
LEGAL OBLIGATIONS OF CAMPAIGN OWNERS
As a Campaign Owner, you are entering into a legal agreement with a Contributor when they make a Contribution to your Campaign, which includes the following obligations (in addition to the all other Terms and Additional Policies):
- Provide a substantial REASON as to why you need a particular ITEM. Always be truthful to your friends, family and well wishers. Avoid telling lies.
- After completing your campaign, be faithful to your contributors by buying what they have contributed for.
- After receiving that desired product, show contributors how that product impacted your life. This can be done by uploading pictures of that product accompanied with a short story via the product page.
- Comply with EEA Data Controller Obligations. As a Campaign Owner, you (and BUYFORMEE) will independently fulfill all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted).
Your data controller duties include:
- Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
- Managing and reporting security incidents;
- Entering into contracts only with data processors that provide adequate protections for personal data and including appropriate contractual language;
- Maintaining records of your data processing activities;
- Conducting any required data protection impact assessments; and
- Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
- Respond to EEA Data Subject Requests. You and BUYFORMEE will have an independent obligation to respond to any requests received by either of us from EEA data subjects regarding personal data, including without limitation, those set forth in Chapter III of the GDPR. The party that receives the data request is responsible for responding to the request. A Campaign Owner and BUYFORMEE shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
CONTRIBUTING TOWARDS A CAMPAIGN
When a Contributor makes a Contribution to a Campaign, Contributor understands that the following rules and terms apply (in addition to any other Additional Policies as mentioned in the Additional Policies section above).
- Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
- No Guarantee. As of when the Campaign Owner will make a purchase for their Need or Want using your Contribution will be largely be determined by them not ''BUYFORMEE''. In addition to that, BUYFORMEE does not guarantee that Contributions will be used as promised, that Campaign Owners will shop for those exact Needs or Wants listed in the Campaign.
- Limited Refund. BUYFORMEE offers a limited refund to Contributors the Contribution has not been sent to the Campaign Owner (full terms of the Refund Policy apply). BUYFORMEE does not offer refunds outside of our Refund Policy
- Credit Card Charges. When you contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
- Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, you will get the option of sending a message to the Campaign Owner, but all communications shall be kept internal. On the other hand, if you decide to give the Campaign Owner a physical product - you may need to request for their physical address, phone contact and full names of the Campaign Owner. Campaign Owners should not ask for personal information or sensitive information such a Social Security number or credit card/banking information from Contributors. Please contact us here if you receive a request for information that appears to be excessive.
- We promote your campaign for free. BUYFORMEE will promote your campaign in any way possible on the BUYFORMEE network to attract more Well Wishers other than just relying on your Friends & Close family members. We believe in giving everyone a chance to have what they Need or Want.
- We may remove User Content in our discretion. If you see User Content that violates these Terms, then let us know and we may remove it. Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate and determine if User Content should be removed. We do not communicate our reasons for removing, or keeping, User Content on the Site.
- We do not provide tax or legal advice to Users. Users are solely responsible for determining how the tax laws, or any other laws, apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.
- We do not become involved in legal disputes between Users or third parties. Though we may facilitate discussions between Users who have disputes with each other, BUYFORMEE takes no responsibility and does not have any liability for any disputes or violations of agreements between any Users, including between Campaign Owners and Contributors or Campaign Owners and any third parties.
- You are responsible for your Campaigns, even if you engage our help. BUYFORMEE may offer services to Users, including without limitation, helping with drafting Campaign content, assisting with the design of Campaigns, and referring Well Wishers to Campaigns. Such services will be subject to separate agreement between Campaign Owners and BUYFORMEE. Even if we help with your Campaign, Campaign Owners remain solely responsible for the Campaign and must comply with all obligations herein as the only responsible party for the Campaign.
Fees and Taxes
- Service Fees. There are no fees for creating an account on the Site. Campaign Owners are NOT charged a Service Fee, we have kept BUYFORMEE free for all. However, there 3rd party charges from STRIPE which cater for the transfer of money from the Contributor to the Recipient.
- Taxes. Donations made to BUYFOMEE campaigns are usually considered to be PERSONAL GIFTS which, for the most part, aren’t taxed as income. However, there may be particular case-specific instances where the income is in fact taxable (depending on amounts received, use of the funds, etc.), so we recommend that you maintain adequate records of donations received and consult a tax professional to be sure. BUYFORMEE will not report your donations as income at the end of the year, or issue any tax documents. Because everyone's situation is different and tax rules can change from time to time, we’re unable to give any tax advice. For information about tax deductibility and Gift Aid for donors, please click here.
Our Intellectual Property
- BUYFORMEE Intellectual Property. BUYFORMEE’s Services, Content and Marks, are legally protected in a number of ways, including copyright, trademark, service marks, patents, trade secrets, and other U.S. and international intellectual property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any BUYFORMEE Content, Services, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
- Limited User Rights; License to BUYFORMEE Content. BUYFORMEE grants you a limited license to access and use User Content and BUYFORMEE Content, solely for use of the Services (the license is worldwide, non-exclusive, non-sublicensable, non-transferable license), in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or BUYFORMEE Content unless we give you explicit permission to do so. User Content and BUYFORMEE Content is licensed, and not sold, to you. We reserve the right to revoke this license to access and use User Content and BUYFORMEE Content granted to you at any time.
- BUYFORMEE Trademark Policy. You may use the BUYFORMEE Marks only in accordance with our Trademark Policy.
Your Intellectual Property
Your User Content remains your property and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. When you submit User Content to the Site or via the Services, you agree to the following terms:
- You allow us to use User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to User Content.
- We can make changes to or delete User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content.
- You have all legal rights to User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to BUYFORMEE with respect to your User Content; (2) your User Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.
Reporting Copyright and other Intellectual Property issues
We take intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity our Site and Services. The Digital Millennium Copyright Act (“DMCA”) sets out the legal system to report notices of alleged copyright infringement, and BUYFORMEE also maintains policies concerning claims of trademark and patent infringement. We will respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Intellectual Property Policy. We reserve the right to delete or disable User Content alleged to be infringing, and to terminate user accounts for repeat infringers (in our sole discretion).
- To submit a claim of copyright infringement, please visit our Intellectual Property Policy and follow the instructions. The Intellectual Property Policy also explains how Campaign Owners can respond when their Campaigns are affected by a notice. We will only respond to claims submitted in compliance with our Intellectual Property Policy.
BUYFORMEE’s Rights Concerning User Accounts; Termination
- We have the right to monitor, terminate, suspend, or delete any User Account at any time for any reason, or no reason. It is our policy not to comment on any reasons for termination and we have no obligation to provide you with a reason for termination.
- We will not have any liability to you or third parties for any use of the Services associated with your account or Campaign. Upon termination, you must cease all use of the Services and User Content. All representations and warranties shall survive termination.
- Credit card payment processing services for Campaign Owners on BUYFORMEE are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). As a Campaign Owner, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to BUYFORMEE enabling credit card payment processing services through Stripe, you agree to provide BUYFORMEE accurate and complete information about you and your business, and you authorize BUYFORMEE to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
System Outages and Maintenance
Our Service may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions. We are not responsible if the Service is unavailable, or if you lose any data, information, or User Content for any reason.
You agree to release, indemnify on demand and hold BUYFORMEE and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that BUYFORMEE has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify BUYFORMEE for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine..
Disclaimer of WarrantieS
Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. BUYFORMEE and its affiliates expressly disclaim and exclude, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
BUYFORMEE and its affiliates make no warranty or condition that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
Disclaimer of Liability
- Use our Services at your own risk. We make no representations about the quality, safety, morality or legality of any Campaign, or Contribution or the truth or accuracy of User Content posted on the Services. We do not guarantee that Contributions will be used as described in the Campaign. We do not control or endorse User Content posted on the Site or in any Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. BUYFORMEE is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.
- You release us from all claims. When you use our Service, you release BUYFORMEE from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to such disputes and the Services. All Content that you access or use through the Service is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICE AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER BUYFORMEE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUYFORMEE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BUYFORMEE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BUYFOMEE BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
BUYFORMEE does not offer investment advice or analysis, nor does it endorse or recommend investments in any company or the suitability of an investment for any particular investor. BUYFORMEE is not registered as a broker-dealer or financial or investment advisor and does not provide any services requiring such registration. BUYFORMEE makes no representation or warrant as to the adequacy, accuracy or completeness of information found anywhere on its website. Any opinions or forecasts expressed herein are only BUYFORMEE’s and are not intended as investment advice and are subject to change without notice.
Waiver and Release (for CA Residents)
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Legal Disputes Not Subject to Arbitration Will Be Handled In San Francisco, CA and Subject to California Law.
BUYFORMEE is in based in San Francisco, California, so for any actions not subject to arbitration, you and BUYFORMEE agree to submit to the personal jurisdiction of a state court located in San Francisco, CA or the United States District Court for the Northern District of California. The Terms and the relationship between you and BUYFORMEE shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions.
Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We encourage you to contact us if you have an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any disputes relating to your use of BUYFORMEE or these Terms, you and we agree to submit the dispute to arbitration. The only exceptions to arbitration are (1) for intellectual property claims alleging misuse, Infringement, or misappropriation of intellectual property; (2) for claims falling within the jurisdiction of small claims court; and (3) where you have opted out of arbitration in accordance with these Terms.
This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights. If this prohibition of class arbitrations or other grouping of parties is deemed unenforceable, then this entire “Dispute Resolution, Arbitration and Class Action Waiver” shall be deemed void and severed from the Terms. We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. Among other things, this means that if you initiate an arbitration against us, you will be required to pay a $250 filing fee, and BUYFORMEE will pay for the other fees, including arbitrator fees. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. It also means that the arbitration will be held in the county in which you live, or any other location we agree upon. If you do not live in the United States, however, you agree to initiate arbitration in San Francisco, California. If any portion of these terms do not follow that standard, that portion is severed from these terms.
To file an arbitration, you must: (a)
BUYFORMEE will provide thirty (30) days' notice of any changes to this section by updating these Terms, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted the Site or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this paragraph is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
This “Dispute Resolution, Arbitration and Class Action Waiver” section shall survive any termination of your account, these Terms, or the Services.
- "Campaign Owners" are those Users who raise funds through our Platform.
- "Campaigns" are Campaign Owners’ fundraising campaigns through the Platform;
- “Content” refers to all products, software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof offered through the Services;
- "Contributors" these are Users contributing funds to Campaigns;
- "Contributions" these are funds donated to Campaigns by Contributors;
- “DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;
- “BUYFORMEE,” “we,” ”our” or “us” refers to BUYFORMEE, Inc., a Delaware corporation, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
- “BUYFORMEE Content” refers to Content provided by BUYFORMEE to Users in connection with the Services, including, without limitation, the software, the products and the site;
- “Infringement” refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
- “Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any BUYFORMEE Content;
- “Services” refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;
- “Site” refers to the BUYFORMEE website(s);
- "User,” “you,” or “your” refers to Campaign Owners, Contributors or any other visitor to the Site or users of the Services, either individually or collectively;
- “User Content” refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.
Full Agreement between You and Us
These Terms are the entire agreement between You and BUYFORMEE with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and BUYFORMEE with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. BUYFORMEE's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BUYFORMEE’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services, whether brought in arbitration or before a court of law, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.