OVERVIEW
This website and the various content, features and products and services offered on this website (collectively, our “Site”) are owned and operated by Buy Default. Throughout our site, the terms “we”, “us” and “our’ ‘ refer to Buy Default. This website, including all information, tools and services are available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site or using our site you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by any hyperlink. These Terms of Use apply to all users of our site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Read these Terms of Use carefully. By accessing or using any part of our site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions, then you should not access the website or use the Service. The Terms of Use are considered an offer and visiting or using our site is acceptance of the Terms of Use. You understand that by using our site you are agreeing to these Terms of Use and that such action constitutes a legal signature.
Any new features or tools which are added to our site will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms of Use, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. This site is not intended for use by children under 13.
You may not use our site or the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms or viruses or any code of a destructive nature.
We reserve the right to refuse the Service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Our site may contain certain historical information, which is not current and is provided for your reference only. We reserve the right to modify the contents of our site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Buy Default is not responsible if any information made available on this site is not accurate, complete or current. The material on our site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our site is at your own risk.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We are not liable to you or any third party for any modification, suspension or discontinuance of the Service.
A breach or violation of any of the Terms will result in an immediate termination of your access to our site and the Service.
SECTION 2 – ABOUT US
Buy Default is an online directory that helps you find products and services by Black-owned brands as well as licensed Black professional service providers in your local area and around the country. Our mission is to help connect you with these Black business owners and professional service providers with a platform that showcases all the things they have to offer.
Buy Default itself does not provide any products or professional services and we are neither a Provider nor a provider of goods or professional services. All questions should be directed to customer service at info@buydefault.com
SECTION 3 – ABOUT THE PROVIDERS IN OUR DIRECTORY
Providers listed in our Directory are Black-owned businesses and licensed Black professional service providers (“Providers”, each a “Provider), such as physicians, therapists, dentists, attorneys, certified financial planners and certified public accountants, who desire to make available and furnish their professional services to the public.
Buy Default does not assume any responsibility for ensuring that any Provider is at all times in compliance with the requirements applicable to his or her profession and license when furnishing products and services through our Directory. Buy Default does not engage in a third-party verification service to verify the background, standing or expertise of providers.
Buy Default cannot and does not offer any representation about the knowledge, skill, training or experience of any Provider. Buy Default does not have real-time knowledge of any claims that may have been asserted against any Provider by any person or entity, nor of any disciplinary actions that may have been taken or that may be pending against any such Provider, nor of any billing irregularities associated with the Provider.
Each state or local government has a mechanism to verify Provider credentials through its licensing board and we encourage you to confirm the status of each Provider before establishing a relationship with the Provider.
SECTION 4 – YOUR RELATIONSHIP WITH PROVIDERS
Through our site and the Service, you will be provided with a list of available Providers based on their profession, state of licensure, specialty, expertise, credentials, availability and other factors. You are solely responsible for selecting a particular Provider. By agreeing to receive products or services from a Provider using the Service, you may establish a client or patient relationship with such Provider. At no time does your access to our site or your use of the Service establish any client, patient or business relationship with Buy Default as defined by applicable law.
Providers are professional independent of Buy Default. Providers are neither employees, servants, agents, partners nor affiliates of Buy Default. Any products or services furnished by Providers are not on behalf of Buy Default. Buy Default is not in any way a member of any Provider’s group or practice nor do we have any authority to include or control any Providers independent professional judgment or the advice they provide to you. A Provider’s presence on our site or its inclusion in the Service is not an endorsement, recommendation or preference for that Provider by Buy Default.
Buy Default does not recommend or endorse any specific actions, treatments, products, procedures or services that may be recommended or endorsed by your Provider and does not represent or warrant that any of the foregoing is safe, appropriate or effective.
If you decide to receive any service or purchase any products from a Provider through the Service, you acknowledge that it is the responsibility of the Provider, and not Buy Default, to determine whether: (1) the service or product is professionally appropriate for you; (2) it is lawful for the Provider to provide such products or services; and (3) if related to healthcare, it is lawful for the Provider to clinically assist with your healthcare issue, diagnose and/or treat your healthcare issue or prescribe your any medication or additional services.
Each Provider shall be individually responsible for complying with all applicable laws (including privacy laws and the Health Insurance Portability and Accountability Act of 1996).
We make no representations regarding a Provider’s ability to bill third-party insurers or payors for any products services you may receive from the Provider by way of the Service. Each Provider is individually responsible for complying with all laws in billing for the products or services they provide.
SECTION 5 – COMMUNICATION
As a part of your access to and use of our site and the Service and in connecting you with Providers, we may provide you with certain communications, such as announcements, offers, provider notices, marketing information, Service updates and other communications about our site or the Service (“Communications”). Communications are considered part of the Service. You agree and consent that any Communications that we send you electronically will satisfy any legal communication requirements, including any communication that must be in writing.
You agree that we may send to you Communications through electronic means including but not limited to: (1) by email, using the address that you provided to us or (2) by posting Communications on our site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by unsubscribing via email or by ceasing your use of our site and the Service.
SECTION 6 – PRIVACY
Buy Default complies with applicable privacy laws. Details on our use of your information, if any, are in our Privacy Policy. Your acceptance of these Terms of Use constitutes acceptance of our Privacy Policy.
SECTION 7 – THIRD-PARTY LINKS & THIRD-PARTY TOOLS
Content on our site and the Service contain third-party links, affiliate links and materials. Third-party links may direct you to third-party websites or third-party tools that are not affiliated with us. If you access these websites and tools, you acknowledge and agree that such websites and tools are provided “as is” and “as available” without any warranties, representations or conditions of any kind or endorsement.
Buy Default is not responsible for examining or evaluating the content or accuracy of any third-party website or a third-party tool. We do not warrant such websites or tools and Buy Default shall have no liability whatsoever arising from or related to your use of any third-party websites, third-party tools or for any other materials, products, or services of third parties.
Buy Default is not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party’s policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
AFFILIATE DISCLAIMER: Buy Default utilizes some affiliate links which may generate a small commission from clicks that result in the purchase of a Provider’s products or services. The commission is paid by the Providers, at no cost to you.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that Buy Default may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Buy Default shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for comments; or (3) respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 9 – PROHIBITED USES
You are prohibited from using our site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SECTION 10 – DISCLAIMER OF WARRANTIES
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT THE USE OF OUR SITE OR THE SERVICE IS AT YOUR SOLE RISK. BOTH THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUY DEFAULT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, CONDITION, QUIET ENJOYMENT, VALUE AND ACCURACY OF DATA.
SECTION 11 – LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL BUY DEFAULT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THIS SITE OR THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE OR THE SERVICE. THE MAXIMUM LIABILITY OF BUY DEFAULT TO YOU FOR YOUR USE OF THIS SITE OR THE SERVICE SHALL BE $500 (FIVE HUNDRED DOLLARS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Buy Default and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach or misuse of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – FORCE MAJEURE
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes, floods, civil disorder, strikes, fire or any other disaster.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by ceasing your use of our site. Buy Direct may suspect or terminate your use of our site and the Service for any reason at any time without notice.
Subject to applicable law, Buy Default reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to our site in accordance with its internal record retention and/or content destruction policies.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
SECTION 15 – INTELLECTUAL PROPERTY
Certain names, logos and other materials displayed on our site, the Directory and the Service may constitute trademarks, trade names, service marks or logos (“Marks”) of Buy Default, our Providers or other entities. You are not authorized to use any such Marks without the express written permission of Buy Default and any applicable Provider or entity. Ownership of all such Marks and the goodwill associated with the Marks remains with Buy Default and any other owner of such Marks.
SECTION 16 – SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any rights or provisions. These Terms of Use and any policies or operating rules posted by us on our site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements and communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.
SECTION 18 – GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed by the laws of the state of California.
Any dispute arising under or related in any way to these Terms of Use will be resolved exclusively by the final and binding arbitration in Sacramento County, California under the rules of the American Arbitration Association, except either party may bring a claim related to intellectual property rights or seek temporary or preliminary specific performance and injunctive relief in any court of competent jurisdiction without the posting of a bond or other security. All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class or collective proceeding. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Sacramento County, California for any action related to these Terms.
SECTION 19 – CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.