Updated: June 12, 2019
Please read the following Terms of Service completely, as they contain important information about your legal rights and obligations. This is the Terms of Service agreement for Idea Buyer, LLC and IdeaBuyer.com, along with any other affiliated company, under its operation. If you have any questions or would like to report any violations of these Terms of Service or other policies set forth by Idea Buyer, please contact email@example.com.
Terms of Service Agreement
Subject to the conditions set forth herein, Idea Buyer, LLC may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Idea Buyer will provide reasonable advance notice of any amendment that includes a substantial change, by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email.
Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
The images or icons used within the Site or Service material are intended for educational purposes only. You acknowledge that Idea Buyer does not and has not implied any partnership with any of the companies listed and does not make any guarantee regarding a retail relationship. The images or icons are solely used to indicate the companies that Idea Buyer has worked with and to provide an avenue to purchase the product for sale with the specified retailer.
Terms of Information Use
By accepting the Terms of Service, you authorize Idea Buyer to use any information that is provided by you for any purpose associated with Idea Buyer, IdeaBuyer.com, or any affiliates. Public posts are sole responsibility of the User. Idea Buyer, LLC is not responsible for any misrepresentation of facts or other errors posted by Users. Idea Buyer does not guarantee the truthfulness of the information provided by Users. Idea Buyer reserves the right to release any user information or other information if required to do so by law.
IdeaBuyer.com Contact System-
Idea Buyer has created a proprietary messaging system for User contact with one another and Idea Buyer representatives. Idea Buyer may communicate with its users via email or other forms of contact in the normal course of business.
Confidential Information Exchange-
All information submitted to IdeaBuyer.com, including messages, will become property of Idea Buyer. Please do not send confidential information through IdeaBuyer.com. Idea Buyer recommends connecting with Users and continuing conversations regarding any confidential information, through your own methods.
NO FORMATION OF AN ENTITY / PARTNERSHIP / OR JOINT VENTURES-
You agree to and acknowledge that under no circumstance is Idea Buyer, it’s officers, employees, or affiliates entering into a joint venture, partnership, or formation of any entity with your company.
IdeaBuyer.com allows professionals to connect with small businesses, entrepreneurs, investors, customers, vendors, employees and advisors. The Web site acts as a “virtual rolodex” that people like yourself can use at any time to connect with other professionals that can help your business. Idea Buyer.com provides a portal to accept submissions of new ideas. Idea Buyer, LLC is not responsible for any damages related to disclosure or use of your submission.
Permitted Site Uses
- Seeking, offering, promoting, or endorsing and services, content, or activities that:
- are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
- would violate the intellectual property rights, such as and including copyrights, trademarks or patents, of another person, entity, service, product, or website;
- would violate (a) Idea Buyer’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations
- regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
- Fraudulent or misleading uses or content, including:
- Misrepresentation of yourself, your intentions, your experience, skills, or information;
- Using a profile photo that misrepresents your identity or represents you as someone else;
- Impersonating any person or entity, including, but not limited to, an Idea Buyer client, legal agent, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Falsely attributing statements to any Idea Buyer representative; or
- Falsely stating or implying a relationship with Idea Buyer or with another company with whom you do not have a relationship;
- Posting identifying information concerning an Idea Buyer representative or client;
- Spamming other Users;
- Attempting to or actually manipulating or misusing the Site or Services intended use;
- Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Idea Buyer to recruit Clients to join an Agency or another website or company, not affiliated with Idea Buyer;
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Services or Idea Buyer’s proprietary information, including
- Interfering or attempting to interfere with the proper operation of the Site or Services or any activities conducted on the Site;
- Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- Using any automated means to access the Site for any purpose without our express written permission;
- Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
- Collecting or harvesting any personally identifiable information, including Account names, from the Site;
- Attempting to or imposing an unreasonable or disproportionately large load (as determined in Idea Buyer’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Idea Buyer or any third party;
- Accessing or attempting to access the Site or Services by any means or technology other than the interface provided; or
- Framing or linking to the Site or Services except as permitted in writing by Upwork
- Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive from any part of the Site or Services unless expressly permitted by applicable law or Idea Buyer; or
- Accessing or using the Site or Services to build a similar service or application, identify or solicit Idea Buyer Users or Clients, or publish any performance or any benchmark test or analysis relating to the Site.
Idea Buyer adheres to the following disciplinary guidelines regarding the use of IdeaBuyer.com or any affiliated services. Idea Buyer may, but is not obligated to, enforce penalties for breaching these guidelines. Foremost, you agree that IdeaBuyer.com may immediately suspend or terminate your IdeaBuyer.com account and all access to IdeaBuyer.com and other services without prior notice. The following will lead to the suspension or termination by IdeaBuyer.com of a user’s account 1) Violation of this Terms of Service, the User Agreement or applicable Contracts; 2) Violation of any applicable laws; 3) A user’s request to have their own profile removed; 4) Non-Payment or 5) Account inactivity. Account termination will include, but is NOT limited to, access suspension, listing deletion, or contract cancellation and are made solely at Idea Buyer’s discretion. Idea Buyer is not liable for any damages associated with the suspension or termination of a User’s account.
EXTENT OF LIABILITY
You agree that Idea Buyer, LLC is unlikely to pay you damages relating to your use of the Site and/or Services and, if it is, at most it will be required to pay you $1,000, as detailed below. Idea Buyer is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
- your use of or your inability to use our Site or Services;
- delays or disruptions in our Site or Services;
- viruses or other malicious software obtained by accessing, or linking to, our Site or Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Site or Services;
- damage to your hardware device from the use of the Site or Services;
- a suspension or other action taken with respect to your Account;
ADDITIONALLY, IN NO EVENT WILL IDEA BUYER, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF IDEA BUYER, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $1,000; OR (B) ANY FEES RETAINED BY IDEA BUYER FOR SERVICES NOT COMPLETED, WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS A CLIENT DURING THE ONE-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you have any questions or would like to report any violations of these Terms of Service or other policies set forth by Idea Buyer, please contact firstname.lastname@example.org.
You agree to not hold Idea Buyer responsible for any dispute you may have with work that has been discounted for you. For any and all completed or discounted work, you hereby release Idea Buyer, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have relating to completed services, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, expectations, functions, and quality of the completed services. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” This release will not apply to a claim that Idea Buyer failed to meet obligations under the Terms of Service.
You and Idea Buyer collectively agree that any disputes will be resolved, first informally and to use arbitration through the AAA (American Arbitration Association) as a secondary resort, if no resolution is reached informally, per the terms below.
If a dispute arises between you and Idea Buyer, or our Affiliates, our goal is to professionally resolve the dispute in a timely manner. Accordingly, unless you opt out as provided below, you, Idea Buyer, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with Idea Buyer, the termination of your relationship with Idea Buyer, or the Services provided to you (each, a “Claim”) in accordance with this Section. Claims covered include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Terms of Service, any Service Contract, or agreements, any payments or monies you claim are due to you from Idea Buyer or our Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with Idea Buyer or the termination of that relationship.
INFORMAL DISPUTE RESOLUTION
Before serving a demand for arbitration of a Claim, you and Idea Buyer agree to first notify each other of the Claim. You agree to notify Idea Buyer of the Claim by email to email@example.com, and Idea Buyer agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Idea Buyer then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Idea Buyer, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Idea Buyer will have 90 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
BINDING ARBITRATION AND CLASS ACTION/ JURY TRIAL WAIVER
This Arbitration Provision applies to all Users except Users located outside of the United States and its territories. In the unlikely event the parties are unable to resolve a Claim within 90 days of the receipt of the applicable Notice, you, Idea Buyer, and our Affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from The American Arbitration Association, instead of a court or jury.The Parties do not authorize, do not consent to, and hereby specifically preclude class action arbitration. Judgment on the arbitration award may be entered in any court of competent jurisdiction in Franklin County, Ohio. Any arbitration proceeding shall be venued in Franklin County, Ohio to the exclusion of any other venue. Each Party hereby submits to the exclusive jurisdiction of such arbitration venue and waives any claim that any such proceeding has been brought in an inconvenient forum or that the venue of that proceeding is improper. The costs of arbitration and attorney fees will be shared equally by both parties.
SCOPE OF ARBITRATION
This Arbitration Provision applies to any Claim (defined above) the parties may have and survives after your relationship with Idea Buyer ends. Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement, the Terms of Service and any Idea Buyer Service Agreement. Except as otherwise provided herein, arbitration will be conducted in Franklin County, Ohio in accordance with the The AAA Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect.
This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the sections above, is deemed to be unenforceable, you and Idea Buyer agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
By using any Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern this agreement (including Idea Buyer, LLC’s Privacy Notice) and any dispute of any sort that might arise between you and Idea Buyer, LLC.
TERMINATION OF SERVICE
Idea Buyer, LLC reserves the right to terminate your service at any time for any reason without explanation or refund.
You agree that any use of Idea Buyer, LLC services is to remain 100% confidential. Furthermore, you hereby grant Idea Buyer, LLC full and irrevocable copyright rights, relating to the description of their site or service experience, to Idea Buyer, LLC.
MODIFICATION AND SEVERABILITY
Idea Buyer reserves the right to make changes to the Services and this agreement at any time. Idea Buyer may amend any portion of this Agreement’s terms, at our sole discretion by posting the revised terms on the Idea Buyer, LLC website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.