Extract from TYS Buyer Terms of Use
6. Interactions with Third Parties Through the Network.
a. The Site and/or the Network may contain links to third party websites and services, and/or display advertisements for third parties (collectively, “Third Party Links and Ads”). Such Third Party Links and Ads are not under the Company’s control, and the Company is not responsible for any Third Party Links and Ads. The Company provides access to these Third Party Links and Ads only as a convenience to Customer, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links and Ads.
b. Any business relationship, exchange of data or other interaction between Customer and a third party, and/or any purchase, download or use by Customer of any of the Third Party Links and Ads (each, a “Third Party Interaction”), is solely between Customer and such third party, and Customer hereby releases and holds the Company harmless from, and will look to such third party with regard to, any claims relating to or arising out of a Third Party Interaction. When Customer clicks on any of the Third Party Links and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. The Company is not a party to, has no involvement or interest in, makes no representation, warranty or guaranty with respect to, and has no obligation in connection with, any communication, transaction, interaction, dispute or any relation whatsoever between Customer and any third party through the Network; including, but not limited to, interactions related to payment and delivery of items and services, and any other terms, conditions, warranties or representations associated with such Third Party Interactions.
c. Customer hereby acknowledges and agrees: the Company may rely on services, data or information provided or generated by certain third party products and services in the course of providing the Network and such information may be incorporated into the Network; the Company specifically does not warrant the accuracy, reliability or completeness of any such data and information; and Customer agrees the Company will not be liable for any acts or omissions based on its reliance thereon.
d. Customer hereby acknowledges and agrees that Customer is responsible solely for ensuring Customer’s Third Party Interactions: (i) comply with all applicable foreign, federal and state laws and regulations; and (ii) do not violate any term, condition, rule, procedure, policy or other guideline published by a third party with which Customer interacts. Also, Customer agrees Customer will be responsible solely for any fees owed to a third party as a result of a Third Party Interaction. While the Company may recommend such a third party and/or rely on data or information provided or generated by such third party in the course of providing the Network, Customer hereby acknowledges the Company specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agrees the Company will not be liable for any acts or omissions based on Customer’s reliance thereon or any loss or liability arising therefrom.
e. If there are any defects with any items or services purchased as a result of the Network, any returns and/or demands for refund or credit must be made directly to the party from which Customer purchased such item or service.
7. Fees.
a. Customer agrees to pay to the Company the fees set forth in the Account in accordance with the payment terms set forth therein for Customer’s access to, and use of, the Network. Unless otherwise specified, all fees are in U.S. dollars. Except as required by law, all paid fees are nonrefundable.
b. Payments for fees will be billed in advance on an annual basis and will be due net thirty (30) days from the invoice date. Customer will be responsible for and will pay any applicable sales, use or other taxes or duties, tariffs or the like applicable to Customer’s use of the Network (except for taxes on the Company’s net income). All payments for fees hereunder shall be made without deduction of withholding taxes, VAT, or the like. Late payments by Customer will be subject to a late fee calculated at the rate of one and one-half percent (1.5%) per month of the amount then due or the maximum rate allowed by law, until paid in full. In the event Customer fails to make a payment within thirty (30) days of the invoice date, the Company may discontinue, terminate, or suspend Customer’s access to and use of the Network, without notice and without incurring any liability to Customer. Despite any such discontinuation or suspension, Customer acknowledges and agrees Customer will be required to pay the fees that accrue until this Agreement is terminated in accordance with the termination provisions set forth herein. For amounts outstanding for longer than thirty (30) days after the invoice date, Customer will be responsible for and agrees to pay reasonable costs and expenses of collection, including, but not limited to, court and attorneys’ fees and expenses. From time to time, and at any time, the Company may require reasonable credit guarantees before continuing Customer’s access to and use of the Network.
c. If and to the extent applicable, Customer hereby authorizes the Company’s designated third party payment processor (the “Payment Processor”) to charge Customer’s specified credit card, debit card or other payment method for such fees as are set forth in the Customer’s Account. The Payment Processor is a payment intermediary service to process credit and debit card transactions. By using the Network, if and to the extent Customer elects to remit payment by credit card, Customer also agrees to be bound by the Payment Processor’s agreements or policies applicable to third parties utilizing its service to facilitate payments. The Company does not request or store any of Customer’s financial information, such as Customer’s bank routing or account numbers, or Customer’s debit or credit card account numbers. Customer expressly understands and agrees the Company will not be liable for any payments and monetary transactions that occur through Customer’s use of the Network. Customer is responsible for all transactions (one-time, recurring, and refunds) processed through the Network and/or the Payment Processor.
