Terms & Conditions

Buy Master LLC (“BuyMaster”) owns and operates the website, www.BuyMaster.co, the mobile and touch versions, and mobile application that enable you (“Client”, “Merchant”, “you”) to advertise and offer special discounts, incentive and rewards programs to end users of our service. In order to use this and other BuyMaster websites, the mobile and touch versions, and any other services made available to participating merchants by BuyMaster (collectively referred to as the "Site"), you must agree to these Terms of Use ("Terms of Use"). These Terms of Use govern the access and use of the Site and BuyMaster services. Please read these Terms of Use carefully as they apply to all businesses and merchants, and contain many legal disclosures that you understand in detail.

Buy Master LLC and/or its affiliates and subsidiaries ("BuyMaster”, "we", "us", "our") and merchants may be referred to throughout these Terms of Use individually as a "Party" and collectively as the "Parties".

APPLICABILITY

These Terms of Use do not apply to any individuals accessing BuyMaster websites, mobile and touch version, using BuyMaster services purely for personal, household, or family use or consumption.

THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENT(S) BETWEEN YOU AND BUYMASTER. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS OF USE AND SUCH AGREEMENT(S), THE OTHER AGREEMENT(S) WILL SUPERCEDE THESE TERMS.

ACCEPTANCE OF TERMS OF USE

BuyMaster owns and operates the Site. By using the Site, any service provided through the Site, or installing the mobile or touch versions that allow access to content or services provided through the Site, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs or offers in which you may choose to participate. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY BUYMASTER SERVICE OFFERED THROUGH THE SITE.

ACCEPTABLE USES

The Site provides information for current and potential future merchant partners about how BuyMaster's services can help your business to effectively advertise to new and existing customers using our platform. As a condition of your use of the Site, you agree that:

  • All registered managers of your account are at least 18 years of age.
  • All registered managers of your account have the authority and able to create a binding legal obligation.
  • Your use of the Site will at all times comply with these Terms of Use.
  • You must safeguard your password and supervise the use of your account, and agree that you are responsible for the use of your account by anyone who accesses it using your credentials.
  • Any and all information you submit to the Site is accurate, true, current and complete.

You are responsible for updating and correcting information you have submitted. When defining your account settings, you can save, edit or delete your personal information and opt-in or opt-out of persistent login. BuyMaster shall have no responsibility for any incident arising out of, or related to, your account settings. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. You must safeguard your password and supervise the use of your account. We will assume that anyone using our Site and Services with your account is you.

MERCHANT ACCOUNT CREATION AND PAYMENT

To register for a Merchant Account with BuyMaster, you must first submit the following information through the account registration page on the Site: e-mail address, name and Merchant website. From there, you must provide your physical location or locations and the name or names of the account manager(s) within your company, and have the option to provide additional information such as an image or logo and details about your services, industry or other company data. BuyMaster shall have the right to approve or reject the requested registration, in our administrator's sole discretion.

BuyMaster also provides you with the ability to register for an account on the Site using your existing account and log-in credentials through Facebook and other social media sites which may change from time to time (each, a "Third-Party Site Password"). By using such other account and/or credentials you are consenting to BuyMaster’s retention and use, and such Third Party Sites' disclosure, of the account, credentials and other populated profile information that you submit.

You are responsible for maintaining the confidentiality of your BuyMaster Password and any Third Party Site Password (collectively, "Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify us if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when registering for an account, indirectly from the authentication process with Third Party Sites and otherwise through the Site, ("Profile Information") must be accurate, complete, and up-to-date. You will not attempt to impersonate another user or person. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting BuyMaster using the contact information at the end of these Terms requesting that we make the change. If you utilized the account and/or login credentials of a third-party site accepted by BuyMaster, you can modify that account information and credentials using the processes in place for such Third Party Site.

Creating an account is free. When you post a promotion on our Site, you agree to pay us the posted fee. If you elect to take advantage of our subscription-based services, you agree to pay all applicable fees, as described on the Service, in connection with such features. Any financial information you provide in connection with the Services, such as valid credit card number, type, expiration date or other financial information, is collected and stored by our third party payment processing company (the "Payment Processor"). The use and storage of that information is governed by the Payment Processor's applicable terms of service and privacy policy.

Feedback Information

If you provide feedback to us, we may use and disclose such feedback for any purpose, we will collect any information contained in such feedback and will treat the personal information in it in accordance with this Privacy Policy. You agree that any such comments and any feedback we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any compensation to you.

PRIVACY POLICY

Please review the BuyMaster Privacy Policy, (the “Privacy Policy”) which explains how we use information that you submit to BuyMaster.

AVAILABILITY AND OWNERSHIP OF THE SITE

You acknowledge that there may be interruptions in service due to events that outside of our control. The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. BuyMaster will not be liable for any such interruptions.

We cannot and are not responsible for the security of information that you communicate with BuyMaster and the Site while it is being transmitted. Furthermore, BuyMaster is not responsible for any data loss that may occur during transmission.

The content on the Site ("Content") as well as the infrastructure used to provide the Content, is proprietary to us and other partners. You agree not to modify copy, distribute, display, reproduce, publish, license, create derivative works from, sell or re-sell any Content, software, products or services obtained from or through the Site.

BuyMaster reserves the right at our sole discretion to deny service, or access to the Site to anyone, at any time and for any reason. We reserve the right to discontinue or modify any part of these Terms of Use as we deem necessary. If we make changes that affect your use of the Site or BuyMaster services we will notify you by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site.

ACCEPTABLE CONDUCT

All interactions on the BuyMaster Sites must be lawful and must comply with these Terms of Use. If your conduct, as determined solely by BuyMaster, restricts or inhibits any other users from using any part of the BuyMaster Sites, we may limit your privileges on the Site and seek other remedies.
The following activities are prohibited on the Site and constitute express violations of the Terms of Use:

  • Using a BuyMaster account for speculative, false, fraudulent or any other purpose not expressly permitted by agreement between you and BuyMaster, or otherwise acting illegally or maliciously against BuyMaster, our Merchants or our services.
  • Posting anything on the Site that is knowingly inaccurate, fraudulent or false, or which violates any applicable laws (such as, but not limited to, intellectual property laws, privacy laws, rights of publicity or defamation laws).
  • Impersonating others or submitting any personal information we have not expressly asked you to provide, disclosing confidential information about us or other Merchants, or reselling or repurposing your BuyMaster account.
  • Posting any content that contains viruses, malware or chain letters of any kind.
  • Offering unauthorized downloads of any copyrighted, confidential or private information.
  • Testing or breaching security or authentication measures of the Site or otherwise accessing data you are not authorized to access.
  • Using, monitoring or copying any content from the Site for data collection or other purposes, whether through automated means or manual process, without our express written permission.
  • Using the Site to advertise or promote a political or religious purpose without BuyMaster’s prior written consent, or using the Site or any of our resources to solicit BuyMaster customers, merchants or other partners to use other services competitive or potentially competitive with BuyMaster or to otherwise compete with BuyMaster.
  • Interfering with proper functioning of the Site or services to other users, including by placing excessive demand on our Site and Services or a large load on our infrastructure as determined solely in our sole discretion.

COPYRIGHT AND TRADEMARKS

BuyMaster complies with the provisions of the Digital Millennium Copyright Act ("DMCA"). The entire contents of the Site are protected by copyright, and trademark laws of the United States. BuyMaster owns a copyright for modification and enhancement of such content, as well as the original content. You may not modify, distribute, publish, publicly display or sell, any of the content, in whole or in part. Downloading, copying, redistribution, retransmission, publication or commercial exploitation of any content is prohibited without the express permission of BuyMaster. You will not upload or post on the Site any material protected by copyright, trademark or any other proprietary right without express permission of the owner. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

BuyMaster owns trademarks, registered and unregistered. BuyMaster logos on the Site are trademarks owned by Buy Master, LLC and are used to benefit of BuyMaster. You may not use BuyMaster's name, logos, trademarks or brands without BuyMaster's express permission.

BuyMaster reserves the right to terminate your account or right to use the Site if the use infringes the copyrights laws. If you believe that any material posted via the Site by any user or third-party infringes copyright, and you would like to bring it our attention, you must provide BuyMaster with the following information:

  • identification of the copyrighted work and the location on the Site of the allegedly infringing work;
  • written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law.
  • your name and contact information, including telephone number and email address.
  • statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf and
  • electronic or physical signature of the owner or a person authorized to act on behalf of the owner of the copyrighted work;

Contact information for BuyMaster's DMCA Agent for notice of claims of copyright infringement is: Buy Master LLC, Attn.: Copyright Agent,1700 BRYANT, Austin (Round Rock)‎ TX‎ 78664.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to BuyMaster’s designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BuyMaster may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, USER CONTENT, MERCHANT OFFERS, AND ALL OTHER SERVICES AND PROGRAMS AVAILABLE THROUGH THE SITE, ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF BUYMASTER, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO

  • THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR
  • THE ACCURACY, COMPLETENESS OR RELIABILITY OF
    • THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS,
    • DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR
    • USER CONTENT PROVIDED THROUGH THE SITE.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, BUYMASTER HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT, THE MERCHANT OFFERS, OR PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL BUYMASTER, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:

  • YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE;
  • YOUR INABILITY TO USE THE SITE;
  • MODIFICATION OR REMOVAL OF CONTENT SUBMITTED TO THE SITE;
  • MERCHANT OFFERS, AND OTHER PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; OR
  • THESE TERMS OF USE.

IN NO EVENT WILL BUYMASTER HAVE ANY FINANCIAL LIABILITY IN CONNECTION WITH A MERCHANT OFFERS, OR OTHER PROGRAMS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

COMMUNITY AND USER CONTENT AND MARKETING

BuyMaster may allow you to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other facilities that may be offered on the BuyMaster Sites (collectively "Communities"). BuyMaster shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by BuyMaster, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BuyMaster shall have the right, but not the obligation, to remove any material from the Communities that BuyMaster, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (“Community Statements”) are those of the respective author(s) or distributor(s) and not of BuyMaster and we do not control or endorse any Community Statements.

You may not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Community Statement that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

You understand and agree that all Community Statements are public and not private. Any other person may read your Statements without your knowledge. Please do not include any personal information in your Community Statements.

Unless otherwise explicitly stated herein or in the BuyMaster Privacy Policy, you agree that any Community Statement provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to BuyMaster a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Community Statements as determined in BuyMaster’s sole discretion, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions.

You may request additional information about BuyMaster's services, register for merchant newsletters, or otherwise make inquiries by submitting your business contact information through the Site. You agree that we may use your contact information to provide you with the information you requested. You also consent to us using and sharing your contact information to make, and allow others on our behalf to send you information about BuyMaster's and our business partner's products, promotions and/or services that we think may be of interest to you. We may also use your contact information to solicit your views on our services, develop new offers and promotions, and for market research. You can opt-out of such communications by contacting us or managing your preferences via your account Settings page.

COOKIES AND LINKING TO OTHER WEBSITES

When you use the BuyMaster Sites, we collect certain information by automated or electronic means, using technologies such as cookies, browser analysis tools and web server logs. These tools are operated and the cookies managed by us, our business partners or our service providers. Cookies help us provide a customized experience and help us to detect certain kinds of fraud. Tools like web beacons allow us to measure response to our communications and improve our web pages and promotions. In most cases, the information we collect using cookies and other tools is used in non-identifiable ways. We use the collected information to optimize our BuyMaster Sites and understand its traffic and usage patterns. Additionally, we will collect location information automatically, if the device used to access BuyMaster Sites allows us to do so.

The Site may contain links to websites maintained by other parties not affiliates with BuyMaster. These links are provided solely as a convenience to you. We do not endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of such websites content or their privacy practices. If you decide to access websites maintained by other parties, you do so at your own risk.

INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold harmless BuyMaster, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services provided by you in connection with the BuyMaster Sites, your Community Statements, or any use of the Site in violation of these Terms of Use. You are solely responsible for your interactions with your customers and other users of the BuyMaster Sites. To the extent permitted under applicable laws, you hereby release BuyMaster from any and all claims or liability related to any product or service you make or offer to BuyMaster Users, your Community Statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by these Terms of Use, and any conduct or speech, whether online or offline, of any other user or merchant.

REMOVAL OF PROMOTIONS AND TERMINATION OF ACCOUNT

You may cancel or suspend a promotion at any point by accessing your Setting page. We will make reasonable efforts to refund or credit you for cancelled promotions but reserve the right to charge a small processing fee for cancellation. You agree that you will honor any cancelled or suspended promotions upon request by end users until the end of business on the day the promotion was cancelled or suspended.

You may terminate your account and, if applicable, your subscription, for any or no reason, by emailing us. BuyMaster prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, we reserve the right to restrict, suspend or terminate the account of any Merchant for any reason, including but not limited to abusing or misusing the Services, creating multiple or false profiles, using the Services fraudulently without our authorization, infringing any intellectual property rights, or any other behavior that BuyMaster deems contrary to its purpose. This cancellation shall be effective immediately or as may be specified in the notice.

Upon the termination of your BuyMaster account, you lose access to the Services. In addition, BuyMaster may block access to the Services from an IP address or range of IP addresses associated with those of terminated Merchants.

DISPUTE RESOLUTION

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or BuyMaster’s services shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law rules and without regard to conflicts of laws principles. BuyMaster and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

Any disputes relating to these Terms of Use or this Site will be heard in the courts located in Middlesex County in The Commonwealth of Massachusetts. The proprietary rights, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

LOCAL LAWS

BuyMaster controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. By using BuyMaster, you agree to the collection, transfer, storage and use of your personal data by BuyMaster on servers located in Canada. You are responsible for following the local laws of the jurisdiction in which you are accessing the Site.

ADDITIONAL PROVISIONS

No waiver by either you or BuyMaster of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

Correspondence should be directed to Buy Master LLC, 1700 BRYANT, Austin (Round Rock)‎ TX‎ 78664, www.BuyMaster.co

The provisions of these Terms of Use apply equally to and are for the benefit of BuyMaster, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

BuyMaster will not be liable for any default or delay in the performance of its obligations under these Terms of Use due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond BuyMaster's reasonable control.