BulkFactors LLC
Terms of Service
1. Acceptance of Terms
Agreement to Terms: By accessing or using the website bulkfactors.com (the "Site") or any services provided by BulkFactors LLC, a Florida limited liability company ("BulkFactors," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms").
Modifications: We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting. Your continued use constitutes acceptance of modified Terms.
Eligibility: You must be at least 18 years old and have legal authority to enter into contracts. Use is restricted to business purposes only.
2. Account Creation and Responsibilities
Account Registration: To access certain services, you must create an account providing accurate, current, and complete information.
Account Security: You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use
Business Use Only: Accounts are for legitimate business purposes only. Personal or consumer use is prohibited.
3. Request for Quote (RFQ) Submission Terms
RFQ Process: Users may submit requests for quotes through our website for construction materials and related products.
Information Accuracy: You warrant that all information provided in RFQs is accurate, complete, and not misleading.
No Obligation: Submission of an RFQ does not create any obligation for BulkFactors to provide quotes or fulfill requests.
Response Time: We review RFQs after submission but make no guarantees regarding response times.
4. Pricing and Availability Disclaimers
Estimates Only: All quotes provided are estimates only and subject to:
- Market conditions and commodity price fluctuations
- Final supplier confirmation
- Credit approval and payment terms
- Shipping and logistics availability
No Guarantee of Availability: BulkFactors does not guarantee product availability, pricing accuracy, or delivery timelines.
Price Changes: Prices may change without notice due to market volatility, supplier adjustments, or other factors beyond our control.
5. Limitation of Liability
Disclaimer of Warranties: THE SITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
Limitation of Damages: IN NO EVENT SHALL BULKFACTORS BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- LOST PROFITS OR BUSINESS OPPORTUNITIES
- DAMAGES EXCEEDING THE FEES PAID TO US IN THE PRECEDING 12 MONTHS
Force Majeure: We are not liable for failures due to causes beyond our reasonable control.
6. Dispute Resolution
Binding Arbitration: All disputes shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
Venue: Arbitration shall occur in Miami-Dade County, Florida.
Governing Law: These Terms are governed by Florida state law, excluding conflict of law principles.
Class Action Waiver: You waive the right to participate in class actions or representative proceedings.
7. Intellectual Property Rights
BulkFactors Property: All content, trademarks, logos, and intellectual property on the Site are owned by BulkFactors or licensed to us.
Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Site for business purposes.
User Content: By submitting content, you grant us a worldwide, royalty-free license to use, modify, and distribute such content.
8. Prohibited Uses
Prohibited Activities: You may not:
- Use the Site for illegal purposes or activities
- Attempt to gain unauthorized access to our systems
- Transmit viruses, malware, or harmful code
- Engage in fraudulent or deceptive practices
- Violate any applicable laws or regulations
- Interfere with other users' access or use
- Scrape, harvest, or collect user information
Enforcement: We reserve the right to investigate violations and take appropriate legal action.
9. Account Termination
Termination by You: You may terminate your account at any time by contacting us.
Termination by Us: We may suspend or terminate your account immediately for:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- Extended inactivity
Effect of Termination: Upon termination, your right to use the Site ceases, and we may delete your account data.
10. OFAC and Sanctions Compliance
User Acknowledgment: By using our services, you acknowledge and represent that:
- You are not located in, or a resident of, any country subject to U.S. sanctions
- You are not listed on any U.S. government prohibited or restricted party list
- You will comply with all applicable export control and sanctions laws
Screening: We reserve the right to screen users against OFAC and other sanctions lists.
Cooperation: You agree to cooperate with any sanctions compliance inquiries or investigations.
11. Miscellaneous
Severability: If any provision is found unenforceable, the remainder shall remain in effect.
Entire Agreement: These Terms constitute the entire agreement regarding use of the Site.
Contact Information: Questions about these Terms should be directed to admin@bulkfactors.com.
For questions about these Terms, contact admin@bulkfactors.com
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