Infinite Buyer, Inc. User Agreement

Introduction

Welcome to Infinite Buyer Infinite Buyer is a Consumer-to-Business (C2B) online marketplace; the ultimate free market e-commerce model.

The following describes the Terms and Conditions of Use on which Infinite Buyer allows individuals and businesses to access the full range of services available on Infinite Buyer.

License Grant and Restrictions

Welcome to the internet site (the “Site” or “Service”) of Infinite Buyer Inc. (“Infinite Buyer”, “we”).  THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INFINITE BUYER STATING THE TERMS THAT GOVERN YOUR (“USER” OR “YOU”) USE OF THE INFINITE BUYER SITE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF INFINITE BUYER'S RULES AND POLICIES, INCLUDING INFINITE BUYER’S PRIVACY STATEMENT AND (IF APPLICABLE) THE INFINITE BUYER SELLER AGREEMENT - (COLLECTIVELY THE “TERMS”) CONSTITUTE THE AGREEMENT BETWEEN YOU AND INFINITE BUYER.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND INFINITE BUYER MAY REFUSE ACCESS TO THE SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. YOUR USE OF THE SITE IS EVIDENCE OF YOUR ACCEPTANCE OF THE TERMS.

Subject to the terms and conditions of the Terms, including the payment of any applicable subscription fees (the amount of which shall be as provided for herein or on the Site at the time You sign up for the Service, and the payment of which shall be a precondition to the grant of any rights to You hereunder), Infinite Buyer grants you a personal, limited, non-exclusive, non-transferable (except as otherwise expressly provided for herein) license to electronically access and use the Site solely as provided for herein.   

You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following:

  1. use our sites, services, and/or tools if you are not able to form legally binding contracts or are under the age of 18;
  2. use the Site if You are temporarily or indefinitely suspended from using any Infinite Buyer platform, service or tool;
  3. circumvent or manipulate the Infinite Buyer stated fee structure, the billing process, or other fees owed to Infinite Buyer;
  4. fail to deliver payment for items or services purchased by you;
  5. publish on the Site anything unlawful, misleading, malicious, or discriminatory;
  6. access or attempt to access any other Infinite Buyer systems, programs, data or accounts that are not made available for public or authorized User use;
  7. except as provided for below with respect to backups of Your data, copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Infinite Buyer Site;
  8. except for Your right detailed below to allow others to access the Site on Your behalf solely to exercise Your rights and subject to Your responsibilities, transfer or sublicense any of the rights granted to You under this Agreement;
  9. work around any technical limitations in the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble, or otherwise reverse engineer the Site except as otherwise permitted by applicable law;
  10. perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or the use of the Site by Infinite Buyer’s other licensees or customers, or impose an unreasonable or disproportionately large load on Infinite Buyer’s infrastructure;
  11. upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or that infringes upon the rights of any third party; 
  12. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Infinite Buyer  or the Site or use any Infinite Buyer trademark or service marks, unless authorized to do so in writing by Infinite Buyer; or
  13. otherwise use the Site except as expressly allowed under the Terms.  

The license granted herein does not include any resale or commercial use of any Infinite Buyer service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Infinite Buyer Service or its contents; any downloading or copying of account information for the benefit of any Infinite Buyer seller; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Infinite Buyer or its licensors, sellers, or other content providers. No Infinite Buyer service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Infinite Buyer. The licenses granted by Infinite Buyer terminate if you do not comply with these Terms of Use.

Infinite Buyer Registration and Profile

You will need to register with Infinite Buyer to begin using the Infinite Buyer platform. Your registration requires that you provide your legal name and email address. You agree to provide only accurate, complete registration information ("Registration Data") and that you will keep that information current. Infinite Buyer may terminate your rights to any or all of the Site if any information you provide is false, inaccurate or incomplete. You agree that Infinite Buyer may store and use the Registration Data you provide for use in maintaining your account.

Once you register with Infinite Buyer, you will be asked to provide a unique 'user name' for your account. You are solely responsible for any usage of the Infinite Buyer platform by persons using your unique 'user name'. If you feel that your account has been violated and being used without your authorization, please report this violation, immediately.

Prices and Payment Methods

Registering and accessing the Infinite Buyer platform as a Buyer is free.

If you choose to either make an offer, and/or respond to a counteroffer, you will be asked to provide your eBay® PayPal® account information, in order to complete a transaction. You agree to pay for all products and services which you have agreed to buy via the Site, and you agree that Infinite Buyer or its registered seller may charge your credit card or PayPal® account for any such products or Services, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account.

Making an “offer” on Infinite Buyer

Once you have registered to use Infinite Buyer, you are allowed to make an offer on any Seller Listing on the site.  Offers must include the price you are willing to pay for the item or service listed.  The default timeframe for offers to remain available to sellers for response is seven days. You have the ability to 'cancel' an offer at any time.

Open Offers

Once you have submitted an Open Offer, your offer will be sent to all Sellers on Infinite Buyer who have registered to fulfill or provide the item or service on which you have made an offer. If additional Sellers register while you have an active open offer, your offer will be submitted to these new Sellers as well.  You have the ability to review all responses from registered Sellers who fulfill and/or provide the item or service you have requested.

You are under no obligation to purchase an item or service for which you had submitted an open offer, however if you do not purchase an item or service for which you had submitted an offer, it may have a negative impact on your 'buyer rating'.

Infinite Buyer 'Buyer Rating'

Infinite Buyer may collect information about the services that you use, how you use these services and when you use these services. When you use the Infinite Buyer platform, Infinite Buyer may automatically collect and store certain information in server logs. This information may include:

  • details of offers made by registered Buyers
  • details of acceptances, counter offers, declined and/or ignored offers by registered Sellers
  • details of fulfilled transactions by both registered 'buyers' and registered Sellers

Privacy and Use of Data

Infinite Buyer will not sell, give away or share your personal information with anyone outside of Infinite Buyer without Your consent.  We may, however, (in addition to the Registration Data and the information noted under “Infinite Buyer ‘Buyer Rating’”) compile general statistics about offers and transactions, and effectiveness of various offer processes to better understand the C2B market and to provide feedback to buyers and/or sellers about the effectiveness of the Site.  We may monitor the use of Your account individually or as accumulated with other accounts to gain an understanding of which features and capabilities are being used within the Site so that we may design better features for future revisions or to provide support to You in using the Site.  And we may share non-identifiable, non-personal aggregate information about our Users with third parties, such as partners, for marketing and promotional purposes.  In addition, by registering on the Site you agree that we may from time to time contact you directly to offer services or marketing opportunities.  We will provide you with an opportunity to opt out of such future mailings. 

When You use the Site, Infinite Buyer servers automatically record certain information about Your use of the Site.  To facilitate Your ease of operation, and to enable us to learn which features of the Site are used most often, we may place identifiers (e.g. cookies) on Your computer and other log information (including browser type, date and time of access, and cookie ID).  

Responding to an Infinite Buyer Offer; Title to Purchased Goods/Services

Registered Infinite Buyer Sellers who can fulfill and/or provide the item(s) or service(s) on which you have made an offer have the right to (1) accept; (2) counter, or (3) decline your offer.  Registered Infinite Buyer Sellers who have responded to your offer with either an “accept” and/or “counter” have the right to state a defined time frame for their response, which may be shorter in duration than the time frame of your offer.

Infinite Buyer does not transfer legal ownership of items between the seller and buyer. Uniform Commercial Code 2-401, “Passing of Title” shall apply to the transfer of ownership between the seller and the buyer, unless both parties agree otherwise. Unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the item(s) or services, despite any reservation of a security interest and even though a document of title may be delivered at a different time or place.  In particular, and despite any reservation of a security interest by the bill of lading: (i) if the contract requires or authorizes the seller to send the goods to the buyer but does not require the seller to deliver the item(s) at destination, title passes to the buyer at the time and place of shipment; and (ii) if the contract requires delivery at destination, title passes on tender there.  A rejection or other refusal by the buyer to receive or retain goods, whether or not justified, or a justified revocation revests title to the goods in the seller. Such revesting occurs by operation of law and is not a “sale”.

Infinite Buyer Protection

Registered users of Infinite Buyer that have submitted and/or responded to offers share the responsibility for completing a transaction. Infinite Buyer acts solely as a broker in a transaction. (Please see the “Limitation of Liability” section.)  Registered Sellers of Infinite Buyer that either fulfill a service or provide an item must have their own “reimbursement method”, should they fail to fulfill a purchased service, or provide an item which is damaged or otherwise unsuitable.

Without limiting other remedies, Infinite Buyer may limit, suspend or terminate registered Infinite Buyer user accounts, prohibiting access to the Infinite Buyer platform and associated services, if Infinite Buyer believes a registered user is violating the intended usage of the Infinite Buyer platform. Additionally, Infinite Buyer holds the discretion to temporarily suspend, or terminate the accounts for repeat offenders.

Electronic Signatures and Contracts

Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.

Prohibited and Restricted Items

The following items and/or services cannot be transacted using the Infinite Buyer platform.

  • Alcohol
  • Animals and wildlife products
  • Counterfeit Currency and Stamps
  • Drugs and Drug Paraphernalia
  • Embargoed goods
  • Firearms, ammunition weapons and knives otherwise prohibited under applicable laws
  • Offensive Material
  • Pesticides
  • Prohibited Services
  • Stolen Property
  • Surveillance Equipment
  • Tobacco

Changes of Service
Infinite Buyer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof including Your Infinite Buyer email account ID).  Infinite Buyer shall not be liable to You, or other third party for any such modification, suspension or discontinuance except as expressly provided herein.  

Feedback
You may provide feedback, suggestions, feature requests and ideas, to Infinite Buyer, about its Site, including products and services ("Feedback"). You agree that Infinite Buyer may, in its sole discretion, use the Feedback You provide to Infinite Buyer in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Infinite Buyer a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information You provide to Infinite Buyer in the Feedback and Support sections of the site.

Electronic Communications
When you use any Infinite Buyer Site, enter information in the Support section, 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 the Site or through the other Infinite Buyer services. 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.  In addition, the Site includes email capability intended for correspondence between You and sellers and may be used by the Site to automatically send messages to sellers.  The email capabilities of the Site are not to be used for correspondence unrelated to the offer and sale process, and You may not use these capabilities to send spam or otherwise send content that would violate these terms.  Infinite Buyer has the right, but not the obligation, to monitor Your email correspondence on the Site, and we may terminate Your access to the Site at any time, without the possibility of refund, if you violate the Site’s email policies.
Security of Data and Identity
You agree to:

  1. Keep Your password and online ID secure and strictly confidential, providing it only to authorized users of Your account;
  2. Instruct each person to whom You give Your online ID and password that he or she is not to disclose it to any unauthorized person;
  3. Notify us immediately and select a new online ID and password if You believe Your password may have become known to an unauthorized person; and
  4. Notify us immediately if You are contacted by anyone requesting Your online ID and password.  

When You give someone Your online ID and online password, You are authorizing that person to access and use Your account, and You are responsible for any and all transactions that person performs while using Your account, even those transactions that are fraudulent or that You did not intend or want performed.  You agree to indemnify and hold harmless Infinite Buyer and the Infinite Buyer Team (as defined below) from and against any and all liability arising in any way from the access to the Site by persons to whom You have provided Your online ID and/or online password.

We take the security of Your data seriously and use the same precautions that we would use for our own data.  Infinite Buyer servers are located in professional and secure hosting facilities designed to host servers with protection from unwanted attacks over the Internet and physical attacks to the building or server itself.  No protection is guaranteed to be 100% secure and You therefore agree to hold Infinite Buyer harmless should Your data be lost, altered, stolen, or otherwise compromised.  Infinite Buyer backs up Your data periodically.  You understand that even when Your data has been deleted from the server, copies of that data may exist for a period of time on the backup copies of the data and other servers.
Forums and Online Communities
Infinite Buyer may provide or invite You to participate in an online community, surveys or forum (“Forums”) for the purpose of increasing the usability and functionality of the Site.   Infinite Buyer will moderate the Forum but is not responsible for the information or posts of any member of the Forum.  We reserve the right to remove any posts which do not fit the spirit of the Forum or do not follow the guidelines of this agreement and to disallow access to any Forum participants who violate the intent and spirit of this agreement.   No reproduction of the Forum content is permitted without written authorization from Infinite Buyer.
Links; Third Party Products
The Site may contain links and pointers to other Internet sites, resources, partners and sponsors of the Site, or referrals to certain third parties' products or services, and the connections may or may not be obvious. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.  Infinite Buyer has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at Your own risk.  Infinite Buyer is not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. We encourage Users to please be aware of the third party’s privacy policy and terms and conditions.

Infinite Buyer attempts to be as accurate as possible. However, Infinite Buyer does not warrant that product descriptions or other content of any Infinite Buyer seller is accurate, complete, reliable, current, or error-free. If a product offered by an Infinite Buyer seller itself is not as described, your remedy is limited based on the policies of the seller, and Infinite Buyer shall not have any related responsibility or liability
 
Renewals; Termination of Service
Use of the Site by sellers using one of our premium levels of service is on a subscription basis for a period of time (monthly or annually).  Monthly subscriptions will renew automatically unless the User cancels their subscription via the website or notifies Infinite Buyer in writing (including via email sent to cancel@InfiniteBuyer.com at least 15 days prior to the end of any monthly billing period.  Annual subscriptions will renew automatically unless the User notifies Infinite Buyer in writing (including via email sent to cancel@InfiniteBuyer.com) at least 60 days prior to the end of any annual billing period.  After receipt of proper notice, your subscription will be cancelled at the end of the then-current billing cycle.  Non cancellation or termination of any subscription will relieve the User in any way from paying all amounts due to Infinite Buyer with respect to such subscription. We may immediately terminate any User’s access to or use of the Site due a breach of these Terms by such User or by any person to whom such User has provided his/her User ID and/or password.

Intellectual Property
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as otherwise expressly allowed herein, is strictly prohibited.  Some of the content on the Site may be the copyrighted work of third parties.

Infinite Buyer, the Infinite Buyer logo, and other Infinite Buyer trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Infinite Buyer. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 
Limitation of Liability
To the extent You utilize the Site, You acknowledge and agree that Infinite Buyer makes no guarantee that communications or transactions conducted online will be absolutely secure. You further acknowledge and agree that there may be system failure that may limit Your ability to use the online services. You agree to assume all risk and liability arising from Your use of the Site, including the risk of breach in the security of the communications or transactions You conduct with the Site.  You will not hold Infinite Buyer responsible for other registered user’s actions, or inactions related to a transaction. Infinite Buyer is not involved in the actual transaction between buyer and seller: the Infinite Buyer platform simply brings the two parties together.

In particular, but without limitation (i) Infinite Buyer shall not have any liability for any claims, losses, or damage caused by errors or omissions in any information provided to Infinite Buyer in connection with the Site or the Service or any actions taken by Infinite Buyer in accordance with directions provided by you, (ii) Infinite Buyer shall not have any liability for any claims, losses or damages arising out of or in connection with use of any third-party products, services, software or web sites that are accessed via links on the Site; and (iii) Infinite Buyer shall not have any liability for any error or failure that is due to causes beyond its reasonable control, including without limitation, strikes, riots, insurrection, war, military or national emergencies, acts of God, natural disasters, fire, outages of computers or associated equipment, or failure of transportation or communication methods (including the Internet) or power supplies.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE AND THE SERVICE ARE PROVIDED “AS-IS”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND THE SERVICE.  INFINITE BUYER DOESN NOT WARRANT THAT THE SITE OR THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT ALL ERRORS WILL BE CORRECTED.  INFINITE BUYER FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INFINITE BUYER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT..  IN NO EVENT WILL THE SITE, INFINITE BUYER, ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE “INFINITE BUYER TEAM”) BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE INFINITE BUYER TEAM, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00 IN THE AGGREGATE.

Changes to This User Agreement
Infinite Buyer reserves the right to modify the terms and conditions of this User Agreement and its policies relating to the Site and the Service at any time, in its sole discretion.  Users are encouraged to review the Terms on a periodic basis for modifications. Infinite Buyer will post the revised terms and conditions of the Agreement or policies on the Web Site and provide notice in advance of the effective date of such changes ("Amendment Date").  If the revised terms and conditions or policies are not acceptable, your sole and exclusive remedy shall be to stop using the Site and to cancel your account through the Site or by notifying Infinite Buyer prior to the Amendment Date. Continuing to use the Service and failing to cancel your account after the Amendment Date constitutes acceptance of the revised terms and conditions.  Except as expressly provided herein, this User Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.

Acknowledgement
The parties acknowledge that the limitations and exclusions contained in this User Agreement represent the parties’ agreement based upon the perceived level of risk associated with their respective obligations under this Agreement. Without limiting the generality of the foregoing, the parties acknowledge and agree that (a) the provisions hereof that limit liability, disclaim warranties or exclude consequential damages or other damages or remedies shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach hereunder, and (b) all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause an exclusive remedy to fail of its essential purpose.

General

  • The Terms collectively make up the entire agreement between the parties regarding the Site, and supersede any prior agreements.
  • If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any of this Statement, it will not be considered a waiver.
  • Any amendment to or waiver of this Statement must be made in writing and signed by us.
  • You will not assign or transfer any of Your rights or obligations under this Statement to anyone else without our written consent.
  • All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in this User Agreement shall be construed to create partnership, joint venture or agency relationship between the parties.
  • Nothing in this Statement shall prevent us from complying with the law.
  • This Statement does not confer any third party beneficiary rights.
  • Any cause of action You may have hereunder or with respect to Your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

Notices
Except as explicitly stated otherwise, any notices shall be given (in the case of You contacting us) by email to notices@InfiniteBuyer.com or by postal mail to:

Infinite Buyer, Inc.
Attn: President
10940 S. Parker Rd. #222
Parker, CO 80134
 

In the case we need to contact You, we may send You email to the email address current in Your Infinite Buyer account or mail to the Account Address current in the Infinite Buyer account.  You are expected to keep these addresses current in the Site for proper operation of the software and for our ability to contact You. Notices from us shall become effective immediately.

Dispute Resolution
ANY AND ALL SERVICES AND RIGHTS TO USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF COLORADO, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THE TERMS WILL BE FILES IN DENVER COUNTY, COLORADO WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE.  YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERENED BY THE LAWS OF THE STATE OF COLORADO.