Terms and Conditions of Use

 BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Buywhiz.com YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Buywhiz.com IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN). 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. 

IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE/USE

These Terms and Conditions of Sale constitute a binding legal contract between Customer and Buywhiz. Customer accepts these Terms and Conditions of sale by making a purchase, placing an order or otherwise shopping on Buywhiz Website (the "Site"). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These Terms and Conditions of Sale constitute the entire agreement between Customer and Buywhiz relating to the Terms and Conditions of Purchase or Sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Buywhiz. Customer consents to receiving electronic records (including signatures), which may be provided via a Web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Buywhiz at the address provided below.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in Buywhiz invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto.

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. Children are not eligible to make purchases on Buywhiz website, and we ask that minors not submit any personal information to us. Buywhiz and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Customer agrees to accept responsibility for all activities that occur under Customer's account or password.

We LOVE Our Customers’ Feedback & Suggestions:

We are always adding and looking for unique products to add to Buywhiz. If you have an item that you think would be a good fit for our store, or have a suggestion of what other types of products you would like to see us carry, please contact us at sales (at) Buywhiz (dot) com. If you are a manufacturer and would like to see your product on our site, please fill out this form and then email it to us.

Customer service is VERY important to us. Please let us know about your experience at Buywhiz.com

Please note that all customer feedback given to Buywhiz shall be considered the property of Buywhiz. This includes all customer communication, testimonials and contact information. By releasing this information to Buywhiz, you are hereby giving Buywhiz the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of Buywhiz.

Links to Third Party Websites

The Website may contain hyperlinks to other websites. Such links are meant solely for your convenience and are accessed at your own risk. Buywhiz has no control over, and is not responsible for the content found on, external websites. Links to such third party websites, including links to Buywhiz.com’s affiliates, partners, dealers, distributors and related entities, do not constitute sponsorship, endorsement or approval of such websites or the contents thereof.

Changes

Buywhiz.com reserves the right to make changes to any or all of the Terms and Conditions or to add new terms and conditions effective immediately upon notice, which may be given by any means, including by posting the changed or new Terms and Conditions on the Website. It is your responsibility to review the Terms and Conditions from time to time to make sure you are aware of any changes. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY BUYWHIZ

Buywhiz reserves the right to modify the information contained in the Website without notice, and makes no commitment to update the information contained in the Website.

Errors on Our Website

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Buywhiz.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Buywhiz.com will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. While Buywhiz.com takes steps to ensure the accuracy and completeness of product, please refer to the originator of information for details.

Shipments, Risk of Loss

When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to Customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. Buywhiz retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Pricing Information &Availability Disclaimer

All pricing is subject to change. For all prices, products and offers, Buywhiz reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, errors in advertisements and other extenuating circumstances. All orders are subject to product availability. Therefore, Buywhiz cannot guarantee that it will be able to fulfill Customer's orders. High volume bids are welcome!
While Buywhiz uses reasonable efforts to include accurate and up-to-date information on the Site, Buywhiz assumes no liability or responsibility for any errors or omissions in the content on the Site.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon Buywhiz until accepted by Buywhiz. Buywhiz reserves the right to refuse service to anyone. Terms of payment are within Buywhiz’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Buywhiz may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of BUYWHIZ' costs of collection, including court costs, filing fees and attorney's fees.

Choice of Law & Forum 

These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer's use of this site shall be filed only in the state or federal courts located in Sevier County, Tennessee, and Customer further agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such suit, claim or action arising out of this sale agreement.

Terms & Conditions of Sale

Arbitration

By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Buywhiz, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Sevier County, TN. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Termination

Buywhiz reserves the right to terminate at any time without notice: (i) your use of all or any portion of the Website, (ii) all or any portion of the Website, or (iii) all or any portion of the Terms and Conditions. The disclaimers, indemnities and limitations of liability in the Terms and Conditions shall survive termination of any of the foregoing.

WARRANTIES

Customer understands that Buywhiz is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Buywhiz. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Buywhiz. BUYWHIZ AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF BUYWHIZ, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

General Legal Disclaimer

The information contained on the website is provided without any warranties or representations as to accuracy, completeness or timeliness. Buywhiz does not warrant that the website or its operation will be accurate, reliable, uninterrupted, secure or error-free or that your use of materials or images displayed on the website will not infringe the rights of third parties unrelated to buywhiz. Buywhiz does not warrant that the website; information, content, materials, products (including software) or services included on or otherwise made available to you through the website; their servers; or e-mail sent from buywhiz are free of viruses or other harmful components. The website is provided to you "as is” and “as available", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Use the website at your own risk. All products sold by buywhiz are subject to any applicable warranties and representations as set forth in the general terms and conditions of sale for those products and services. Except as expressly stated therein, buywhiz expressly disclaims all warranties, express or implied, of any kind with respect to products or services sold on the website, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties; therefore, only the exclusions lawful in your jurisdiction will apply to you.

Internet Disclaimer

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

56K Disclaimer

56K modems are capable of 56Kbps downloads; however, current regulations limit download speed to 53Kbps.

Third-Party Product and Y2K Disclaimer

All products sold by Buywhiz are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Buywhiz makes no representation or warranty with respect to the Y2K compliance of products sold.

Limitation of Liability

IN NO EVENT WILL BUYWHIZ OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BUYWHIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUYWHIZ'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER BUYWHIZ NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER BUYWHIZ NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

BUYWHIZ will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Indemnification

Customer agrees to defend, indemnify, and hold harmless Buywhiz and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Buywhiz's website. Buywhiz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Buywhiz in asserting any available defenses.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Buywhiz or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
 

Participation Disclaimer

Buywhiz does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Buywhiz is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Buywhiz reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Buywhiz in its sole discretion. 

Typographical Errors

In the event that a Buywhiz product is mistakenly listed at an incorrect price, Buywhiz reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Buywhiz reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Buywhiz shall issue a credit to your credit card account in the amount of the incorrect price.

Dispute Resolution

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and yours agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in Tennessee, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. 

Integration & Severability 

If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Miscellaneous

These Terms of Use contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Buywhiz's prior written consent. Buywhiz may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Your use of this site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Buywhiz products) shall be in the state or federal courts located in Sevier County, Tennessee. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Buywhiz products) must be commenced within one (1) year after the claim or cause of action arises. Buywhiz’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Buywhiz may assign its rights and duties under this Agreement to any party at any time without notice to you.

Procedure for Claims of Intellectual Property Infringement

If you believe that we have published an image or text that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide us with written notice containing the following information:

1. your name, address, telephone number, facsimile number and e-mail address;
2. the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
3. a description of the copyrighted work or other intellectual property that you claim has been infringed;
4. a description of where the alleged infringing material is located on the Website, including where the material is located;
5. the exact permanent URL for the page or a description of where the image or text that you claim is infringing is located on the Website;
6. evidence and information establishing or supporting ownership of a copyright or intellectual property right which is being infringed upon;
7. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
8. a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner; and


Notices of claims of copyright or other intellectual property infringement should be directed to:

WEB MANAGER
Buywhiz

320 Baskins Creek Road # 1

Gatlinburg, TN 37738

Copyright & Trademark Notices

Unless otherwise indicated, these Terms of Use and all Content provided by Buywhiz are copyright © 2011 Buywhiz. All rights reserved. Buywhiz and all products and services referenced herein are either trademarks or registered trademarks of Buywhiz. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.

Safety 

Motorcycles, mopeds, ATVs and other motor vehicles can be dangerous. Buywhiz has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part or accessory.

Photographs

All photographs on this website are property of Buywhiz and are protected by copyright.  They may not be used without our consent... but feel free to ask!

Export Sales

If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.

Return Privileges

Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Buywhiz policy on returns and exchanges.

Term of Use Revisions

Buywhiz may at any time revise these Terms of Use by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Entire Agreement

The Terms and Conditions constitute the entire agreement and understanding between you and Buywhiz with respect to use of the Website, superseding all prior or contemporaneous agreements, communications and/or proposals.

Please feel free to contact us at support@buywhiz.com, if you have any questions regarding our Terms of Use.