Welcome
to eBuysMart. eBuysMart and its affiliates provide their services to you
subject to the following conditions. If you visit or shop at eBuysMart
, you accept these conditions. Please read them carefully. In addition,
when you use any current or future eBuysMart service or visit or purchase
from any business affiliated with eBuysMart , whether or not included
in the eBuysMart Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
PRIVACY
Please
review our Privacy Notice, which
also governs your visit to eBuysMart , to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you
visit eBuysMart or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that
such communications be in writing.
COPYRIGHT
All content
included on this site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the
property of eBuysMart or its content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property
of eBuysMart and protected by U.S. and international copyright
laws. All software used on this site is the property of eBuysMart or its
software suppliers and protected by United States and international copyright
laws.
LICENSE
AND SITE ACCESS
eBuysMart
grants you a limited license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of eBuysMart . This license
does not include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or prices;
any derivative use of this site or its contents; any downloading or copying
of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of eBuysMart . You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form)
of eBuysMart and our affiliates without express written consent. You may
not use any meta tags or any other "hidden text" utilizing eBuysMart
's name or trademarks without the express written consent of eBuysMart
. Any unauthorized use terminates the permission or license granted by
eBuysMart . You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of eBuysMart so long as the link
does not portray eBuysMart , its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any eBuysMart logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR
ACCOUNT
If you
use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. eBuysMart does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are
under 18, you may use eBuysMart only with involvement of a parent or guardian.
eBuysMart and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors
may post reviews, comments, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights,
or otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of a card or other content. eBuysMart
reserves the right (but not the obligation) to remove or edit such content,
but does not regularly review posted content.
If you
do post content or submit material, and unless we indicate otherwise,
you grant eBuysMart and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant eBuysMart
and its affiliates and sublicenses the right to use the name that you
submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any
person or entity; and that you will indemnify eBuysMart or its affiliates
for all claims resulting from content you supply. eBuysMart has the right
but not the obligation to monitor and edit or remove any activity or content.
eBuysMart takes no responsibility and assumes no liability for any content
posted by you or any third party.
COPYRIGHT
COMPLAINTS
eBuysMart
and its affiliates respect the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please contact us for further details.
RISK
OF LOSS
All items
purchased from eBuysMart are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon
our delivery to the carrier.
PRODUCT
DESCRIPTIONS
eBuysMart
and its affiliates attempt to be as accurate as possible. However, eBuysMart
does not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free. If a product
offered by eBuysMart itself is not as described, your sole remedy is to
return it in unused condition.
PRICING
Except
where noted otherwise, the List Price displayed for products on our website
represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice. The List Price is a comparative price estimate and
may or may not represent the prevailing price in every area on any particular
day. For certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's
estimated or suggested retail price for each of the items included in
the set. Where an item is offered for sale by one of our merchants, the
List Price may be provided by the merchant.
With respect
to items sold by eBuysMart , we cannot confirm the price of an item until
you order; however, we do NOT charge your credit card until after your
order has entered the shipping process. Despite our best efforts, a small
number of the items in our catalog may be mispriced. If we discover a
mispricing, we will do one of the following:
- If an item's correct price is lower than our stated
price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our
stated price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation.
Please
note that this policy applies only to products sold and shipped by eBuysMart
. Your purchases from third-party sellers using eBuysMart Payments are
charged at the time you place your order, and third-party sellers may
follow different policies in the event of a mispriced item.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE
IS PROVIDED BY eBuysMart ON AN "AS IS" AND "AS AVAILABLE"
BASIS. eBuysMart MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, eBuysMart DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. eBuysMart DOES
NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM eBuysMart
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. eBuysMart WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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