(last revised February 26, 2021)
The website located at marketplace.buyarmenian.com (the “Site”) and all features, content and services made available on or through the Site (collectively, the “Services”) are proprietary to and owned by Buy Armenian, Inc. (“Company”, “us”, “our”, and “we”). Additional guidelines, terms or rules applicable to the Site or Services may be posted (and updated from time to time) on the Site and are incorporated here by this reference. Vendors, Customers and guests may collectively be referred to as “Users” and individually, as a “User” or “you”.
1.1 Registration. There is no requirement to register if you are simply browsing the Site. In order to use certain features of the Site and to access the Services, including listing for sale products or services via the Site (a “Vendor”) or posting ratings for a Vendor after purchasing products or services via the Site, you must accept these Terms and register for an account (“Account”) and provide certain information about yourself as prompted in the Account registration process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Security. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your respective Account. You agree to immediately notify Company of any actual or suspected unauthorized use of your Account or any other breach of security relating to their Account. Company will not be liable for any loss or damage arising from your failure to comply with these requirements.
1.3 Additional Requirements for Vendor Accounts. In order to offer products or services via the Site (“Products”), you must register as a Vendor.
1.3.1 Information Collected. Vendors are required to provide the following information during registration: business name, tax identification number, physical address, name, phone number address and email address of contact person, hours of operation, payment offerings (bank account, paypal, credit cards, bank debits, etc.), shipping information, social media handles and the like.
1.3.2 Applicable Fees. Vendors hereby agree to pay all applicable fees, including registration fees, transaction fees applicable to the sale of Products (“Transactions”) and other Site fees as set forth in Section 3.
1.3.3 Listings. Following registration, Vendors may list Products for sale on the Site (“Listing”) in appropriate categories as available on the Site and as may updated from time to time by Company. We reserve the right to delete a Listing and/or move a Listing to a different category, in our sole discretion. We further reserve the right to terminate a Vendor’s Account in the event of any violation of these Terms, based on a Vendor’s Rating (as defined in Section 3.8) or if, in our sole and complete discretion, we believe your Vendor Account is detrimental to the interests and purpose of the Site.
1.4 Additional Requirements for Customers/Guests. In order to purchase Products whether as a registered user (“Customer”) or guest (“Guest”), you are required to provide the following information: name, email address, shipping address, billing address and payment information. Customers and Guests hereby agree to pay all applicable Transaction and other Site fees as set forth in Section 3. Customers may post Ratings as set forth in Section 3.8.
2. USER CONTENT
2.1 User Content. You are solely responsible for any and all information and content that you submit to, or uses with, the Site or the Services, including without limitation, content in your Account, Listings, Ratings, postings or otherwise provided by you to Company in connection with the Site or the Services (collectively, “User Content”). You are solely responsible for User Content. You assume all risks associated with the use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of User Content that personally identifies you or any third party. You hereby represent and warrant that User Content does not violate our Acceptable Use Policy (defined in Section 2.3). You may not represent or imply to others that User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for User Content, you may expose yourself to liability if, for example, User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and you are solely responsible for creating and maintaining your own backup copies of User Content.
2.2 License and Consent.
2.2.2 Consent Grant. You hereby further irrevocably consent to Company’s use of any User Content in an aggregate, de-identified and generic manner (the “Aggregated Data”), including maintaining and publishing Aggregated Data on the Site and to make Aggregated Data available to Site users and other third parties in connection with the operation, marketing, benchmarking and surveying of the Site and the Services, in the review and development of current and future offerings and for other like purposes. Aggregated Data does not identify Customer, Vendor or any individual and is only disclosed in a generic or aggregated manner for the purposes set forth in this Section. Aggregated Data will not be considered as confidential to Customer or Vendor.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
2.3.1 Prohibited Use. You agree not to use the Site or the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
2.3.2 Prohibited Activities. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site or the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site or the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site or the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or the Services (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site or the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
2.3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include, but are not limited to, removing or modifying User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
2.3.5 Feedback. Notwithstanding anything to the contrary in these Terms, if you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign all rights, title and interest in and to such Feedback to Company and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3.1 Prices/Payment Methods. All prices displayed on the Site are quoted in U.S. Dollars, exclusive of any applicable taxes and shipping and transaction fees and are valid and effective only in the United States. If you change delivery country at checkout, the prices may change to a different currency as of that moment. Please note that choosing a different delivery country may have an impact on the price due to the exchange rate or the prices specific for that country. We accept the following forms of payment for domestic US orders:
- American Express
3.2 Taxes. Company shall assist Vendors in the collection of any applicable sales, use, ad valorem or other applicable taxes, however the ultimate responsibility to collect and remit taxes shall remain with each Vendor.
3.3 Fees. Company shall list (and may update from time to time) fees applicable to Vendor registration, fees for Vendors, Customers and guests relating to Transaction fulfillment and other fees applicable to using the Site. Users agree to pay all such applicable fees.
3.4 Transaction Fulfillment. Transactions are fulfilled by the applicable Vendor and not the Company. Company is not responsible for the failure of any Vendor to fulfill a Transaction or failure to deliver any Product. During the checkout process, the Customer and the Guest will be asked to enter your payment details and to pay the price for the Product as well as all applicable taxes and fees. All fields indicated as compulsory must be completed. By completing payment details the Customer and the Guest confirm that the method being used to make payment belongs to the Customer and the Guest or is in your name where an agreement is entered into with any credit or third-party provider. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
3.5 Shipping Fees/Delays. Shipping fees are calculated in real time upon checkout. It will be the Customer’s and the Guest’s sole responsibility, where applicable to comply with any export controls or sanctions rules applied to Products sent to you. We shall be under no liability to the Customer and the Guest for such delay or failure of Products being delivered when originally specified.
3.6 Payouts to Vendors. Vendors are paid within fifteen (15) days following Company’s receipt of payment for Transactions, less any applicable fees, discounts, credits, refunds and returns. The payment as well as the invoicing for charged fees applicable to Vendors located in Armenia can be carried out by the Company or its branch located in Armenia in accordance with the legislation of the Republic of Armenia. In case of proceeding of payments to Armenian vendors by Armenian branch of the Company, the payments will be done in AMD using exchange rate published by the Central Bank of Armenia on the date preceding the date of payment.
3.7 Refund Policy. There are no returns/refunds on any Products purchased from Vendors located in Armenia or on the purchase of any services. Returns on Products purchased from other countries will be allowed if the original package is unopened or in the event of a defective Product. Vendors are responsible for return shipping fees for defective Products; otherwise, the Customer/Guest is responsible for return shipping fees. To complete a return, you may be required to provide a receipt or proof of purchase. Once your return is received and inspected by the Vendor, we will send you an email to notify you that we have received your returned item. At that point, we will process your refund, and a credit will automatically be applied to your credit card or original method of payment within ten days.
3.8 Ratings. Following receipt of a Product, Customers may post a rating of the applicable Vendor, in accordance with the Site’s rating system (“Rating”). Once posted Ratings may not be changed but Vendors have the opportunity to post a respond to a Rating and the Customer may thereafter post a response to the Vendor’s response.
3.9 DMCA Policy. DMCA Takedown Policy
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).
Our designated Copyright Agent to receive DMCA Notices is:
Ossian Law P.C.
701 Woodward Heights, Ste. 117
Ferndale, MI 48220
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above) pursuant to the DMCA.
It is our policy to terminate the user accounts of repeat infringers and offenders of the DMCA.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or the Services, (b) your violation of these Terms, (c) your violation of any applicable international, federal, state or local law, statute, rule, regulation or ordinance, (d) User Content or (e) any Transaction. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS & ADS; OTHER USERS
5.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.”
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION SHALL ONLY APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. LIMITATIONS & LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION SHALL ONLY APPLY TO YOU TO THE EXTEXT PERMITTED BY APPLICABLE LAW.
8. TERM AND TERMINATIONS
Subject to this Section, these Terms will remain in full force and effect while you use the Site or the Services. We may suspend or terminate your rights to use the Site (including your Account) or the Services at any time for any reason at our sole discretion, including for any use of the Site or the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site and the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Section 2, Sections 3.2, 3.3, 3.7 and Sections 4 through 9.
9.1 Governing Law and Jurisdiction: These Terms are governed by the laws of the State of California without reference to its conflict of law provisions. User agrees that any dispute related to the Terms and/or use of the Site shall be brought in the United States District Court for the Central District of California or the state courts in Los Angeles County, California and User waives any claim that such courts do not have personal jurisdiction or are an inconvenient forum.
9.2 Assignment. Company may assign its rights and obligations under these Terms, in whole or in part, without notice to Users, at any time.
9.3 Entire Agreement: These Terms constitute the entire agreement between Users and Company with respect to the Site and it supersedes any and all prior or contemporaneous communications. Company reserves the right to modify these Terms and will notify Users via email of any material changes to the Terms. User’s continued use of the Site constitutes acceptance of the modified Terms.