Constant BuyerTM/ConstantBuyer.comTM
Terms of Use
Services
• Automated loyalty emails, including welcome, birthday, and program anniversary emails
• Data entry for new customer enrollment, including initial 500 sign-up slips
• Email campaigns
• Text Messaging
Late Fees / Suspension of Service
Any amounts due and not paid will accrue interest at the rate of one and a half percent (1½%) per month (or the maximum amount permitted by law,). If any amounts due hereunder are more than thirty (30) days past due, Constant Buyer may suspend the Services.
Right to Cancel
Client may cancel this Agreement at any time, for any reason, by providing at least thirty (30) days notice to Constant Buyer at www.constantbuyer.com. Pre-paid Fees will not be refunded, and any fees incurred during the cancellation period will be billed to Client in full. Following expiration of the 30-day notice period, and upon receipt of all outstanding payments, Constant Buyer will deliver the Customer Data to the address below in a commonly accessible data format within 31 days. If payment is not received within 60 days following the date of termination, Constant Buyer may, in its sole discretion, remove from its equipment and archive or destroy any Customer Data without further liability to Client.
Database
The database consists of Client customer’s data, including Client’s customer’s name, email address, IP address, birth date, phone numbers, etc.
Client owns this database and grants Constant Buyer the right to use it to perform its obligations under this agreement. However, Client understands and agrees that Constant Buyer will wholly manage the database during the term of this agreement. Client further agrees not to send, either directly or through any third party, any emails to the Database, other than through Constant Buyer’s services. Client further agrees not to disseminate the Database for use by other individuals or vendors during the term of this Agreement, to ensure that opt-in and unsubscribe services are maintained according to industry standards.
Client hereby authorizes Constant Buyer and its authorized representatives to charge Client’s credit card or to directly debit Client’s bank account, information for which is provided in Appendix A, for the Fees set forth above within 10 business days after each calendar month end. Constant Buyer will only accept payment via credit card or EFT. Finally, Client understands that by using these Services, Client agrees to be bound to the web site’s Terms and Conditions which can be found at http://www.constantbuyer.com/termsofuse .
The following sets forth the terms of use (also known as the “Terms”) for this Web site, which is operated by Constant Buyer and located at http://www.constantbuyer.com. Throughout the Terms, the word Site is used to refer to this Web site. By using the Site, you are consenting to these Terms. Constant Buyer may modify, alter or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration or update.
Permitted Use of the Site and Service; Content
This Site is provided on an “as is“ basis by Constant Buyer (also known as ConstantBuyer.com) for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Service are the sole property of Constant Buyer. The Site and Service are intended for use by persons 18 years of age or older. You are permitted to access the Site, the Service and the Content provided by Constant Buyer (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about Constant Buyer business and products, purchasing and utilizing the service, communicating with Constant Buyer, entering prize promotions offered by Constant Buyer, or otherwise as stated on the Site.
Constant Buyer hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Service solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of Constant Buyer. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Constant Buyer. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of Constant Buyer, and/or its licensors, each of whom reserves all rights with regard to such materials.
Constant Buyer may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Constant Buyer reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Constant Buyer shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant Constant Buyer, a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Constant Buyer via the Site (which is referred to in these Terms as "User Content"), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to Constant Buyer that you have all rights, title and interests necessary to provide such User Content to Constant Buyer, and that your provision of the User Content to Constant Buyer shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Disclaimers
Constant Buyer makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. Constant Buyer makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content. Constant Buyer reserves the right to modify, suspend or discontinue the offering of the Site and Service at any time for any reason without prior notice. Further, while Constant Buyer utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.
IN NO EVENT SHALL CONSTANT BUYER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF CONSTANT BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL CONSTANT BUYER AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CONSTANT BUYER HEREUNDER.
Constant Buyer may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Constant Buyer of such sites or an affiliation between Constant Buyer and the owners of such sites, nor shall Constant Buyer be liable for the contents of such sites. Constant Buyer will also not be liable for any errors in such links, or for any malfunction of such links.
Payments
Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. Constant Buyer will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by Constant Buyer, you agree that you will pay them when due.
Constant Buyer shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
As between you and Constant Buyer, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Should you prefer not to renew your subscription, it is your responsibility to contact Constant Buyer prior to the renewal date and request your subscription to be cancelled.
User Warranties; Indemnification
By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to Constant Buyer that you are, and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
By using this Site and the Service, you agree to indemnify and hold harmless Constant Buyer, its affiliates and contractors, and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Service or the Content or your provision of User Content to Constant Buyer.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in Jacksonville, Florida.
Responsible Use
Customer agrees to familiarize him or herself with the legalities of any messages sent through the Constant Buyer system, by visiting the following websites:
a) Federal Trade Commission, LINK: http://www.ftc.gov
b) Federal Communications Commission, LINK: http://www.fcc.gov
Other Provisions
Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the Constant Buyer system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by Constant Buyer and fines may be assessed to recover excess charges from Constant Buyer VoIP termination companies.
In the event of accidental under billing in favor of Customer, a non-payment by customer under the terms of this Agreement, Constant Buyer shall be entitled to immediately proceed with collection remedies and shall be entitled to recover all reasonable costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorney fees, or any other costs, fees, and expenses reasonably incurred in the pursuit of collection on all customer accounts and receivables due and payable under the terms of this Agreement.
Customer acknowledges and agrees to be held liable for any and all damages caused to Constant Buyer by Customer, its officers, agents and/or employees, as a direct result of a violation in State, Federal, and tariff regulations. Damages include but are not limited to those damages that may arise from Customer’s fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Constant Buyer to Customer.
The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to Constant Buyer in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.
It is the policy of Constant Buyer™ to assure that applicants are considered and that employees are treated fairly during their employment, without regard to race, color, religion, age, physical or mental disability, sex, marital status, ancestry, national origin, veteran’s status, citizenship, pregnancy, sexual orientation, other protected activities, or any other characteristic protected by federal, state, or local law. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; wages or other forms of compensation; selection for training, including apprenticeship, pre-apprenticeship, and/or on the job training; and ensuring and maintaining a work environment free of harassment, intimidation, and coercion at all sites and in all facilities at which employees are assigned to work.