TERMS OF USE- Updated October 2023
For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed
here. “Service” refers to the Company’s services accessed via the Site, in which users can
browse our information and services, view educational material, view products and place
product orders for pick up. The terms “we,” “us,” and “our” refer to the Company. “You” refers
to you, as a user of our Site or our Service.
Please review the following terms carefully. By accessing or using the Service, you signify your
agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in
their entirety, you may not access or use the Service.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy
Policy found here: which explains how we collect, use, and disclose information that pertains to
your privacy. When you access or use the Service, you signify your agreement to the Privacy
Policy as well as these Terms of Use.
ABOUT THE SERVICE
The Service allows you to browse our information and services, view educational material, view
products and place product orders for pick up.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
• You need to be at least 21 years of age or older.
• If you are a user who signs up for the Service, you will create a personalized account
which includes a unique username and a password to access the Service and to receive
messages from the Company. You agree to notify us immediately of any unauthorized
use of your password and/or account. The Company will not be responsible for any
liabilities, losses, or damages arising out of the unauthorized use of your member’s
name, password and/or account.
USE RESTRICTIONS
• Your permission to use the Site is conditioned upon the following use, posting and
conduct restrictions:
• You agree that you will not under any circumstances:
• Access the Service for any reason other than your personal, non-commercial use solely
as permitted by the normal functionality of the Service,
• Collect or harvest any personal data of any user of the Site or the Service
• Use the Site or the Service for the solicitation of business during trade or in connection
with a commercial enterprise.
• Distribute any part or parts of the Site or the Service without our explicit written
permission (we grant the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly available
searchable indices but retain the right to revoke this permission at any time on a general
or specific basis);
• Use the Service for any unlawful purpose or for the promotion of illegal activities.
• Attempt to, harass, abuse, or harm another person or group.
• Use another user’s account without permission.
• Intentionally allow another user to access your account.
• Provide false or inaccurate information when registering an account.
• Interfere or attempt to interfere with the proper functioning of the Service.
• Make any automated use of the Site, the Service, or the related systems, or take any
action that we deem to impose or to potentially impose an unreasonable or
disproportionately large load on our servers or network infrastructure.
• Bypass any robot exclusion headers or other measures we take to restrict access to the
Service, or use any software, technology, or device to scrape, spider, or crawl the
Service or harvest or manipulate data.
• Circumvent, disable, or otherwise interfere with any security-related features of the
Service or features that prevent or restrict use or copying of content, or enforce
limitations on use of the Service or the content accessible via the Service; or
• Publish or link to malicious content of any sort, including that intended to damage or
disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide Age and contact
information (“User Content”) to the Service. You are solely responsible for the User Content
that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and
publication of your User Content. The Company, however, reserves the right to remove any
User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express
conditions surrounding User Content. You agree that failure to adhere to any of these
conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
• You are solely responsible for your account and the activity that occurs while signed in
to or while using your account.
• You will not post information that is malicious, libelous, false, or inaccurate.
• You will not post any information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
• You retain all ownership rights in your User Content but you are required to grant the
following rights to the Site and to users of the Service as set forth more fully under the
“License Grant” and “Intellectual Property” provisions below: When you upload or post
User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive,
royalty-free, transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform that Content in connection with the provision of the Service;
and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free
license to access your User Content through the Service, and to use, reproduce,
distribute, prepare derivative works of, display and perform such Content to the extent
permitted by the Service and under these Terms of Use;
• You will not submit content that is copyrighted or subject to third party proprietary
rights, including privacy, publicity, trade secret, or others, unless you are the owner of
such rights or have the appropriate permission from their rightful owner to specifically
submit such content; and
• You hereby agree that we have the right to determine whether your User Content
submissions are appropriate and comply with these Terms of Service, remove any
and/or all your submissions, and terminate your account with or without prior notice.
• You understand and agree that any liability, loss, or damage that occurs as a result of
the use of any User Content that you make available or access through your use of the
Service is solely your responsibility. The Site is not responsible for any public display or
misuse of your User Content.
• The Site does not, and cannot, pre-screen or monitor all User Content. However, at our
discretion, we, or the technology we employ, may monitor and/or record your
interactions with the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through
the Service, but not directly by the Site, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site
or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or
reliability of any opinion, advice, or statement made by other parties. We take no responsibility
and assume no liability for any User Content that you or any other user or third-party posts or
sends via the Service. Under no circumstances will we be responsible for any loss or damage
resulting from anyone’s reliance on information or other content posted on the Service or
transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is
inaccurate or objectionable when you use or access the Site or the Service. We reserve the
right, but have no obligation, to monitor the materials posted in the public areas of the Site or
the Service or to limit or deny a user’s access to the Service or take other appropriate action if a
user violates these Terms of Use or engages in any activity that violates the rights of any person
or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company
shall have the right to remove any material that in its sole opinion violates, or is alleged to
violate, the law or this agreement or which might be offensive, or that might violate the rights,
harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or
civil prosecution under Federal, State, and local law. If you become aware of a misuse of our
Service or violation of these Terms of Use, please contact us info@conbud.com
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s)
(“Third Party Sites”) as well as content or items belonging to or originating from third parties
(the “Third Party Applications, Software or Content”). These links are provided as a courtesy to
Service subscribers. We have no control over Third Party Sites or Third-Party Applications,
Software or Content or the promotions, materials, information, goods or services available on
these Third-Party Sites or Third Party Applications, Software or Content. Such Third Party Sites
and Third Party Applications, Software or Content are not investigated, monitored or checked
for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party
Sites accessed through the Site or any Third Party Applications, Software or Content posted on,
available through or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or
the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use
or installation of any Third-Party Site or any Third-Party Applications, Software or Content does
not imply our approval or endorsement. If you decide to leave the Site and access the Third-
Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at
your own risk and you should be aware that our terms and policies, including these Terms of
Use, no longer govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any Third-Party Site to which you navigate from the Site or
relating to any applications you use or install from the Third-Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(A) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of
others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States
Copyright Act, we have adopted and implemented a policy that provides for the termination in
appropriate circumstances of users of the Service who are repeat infringers. We may terminate
access for participants or users who are found repeatedly to provide or post protected third-
party content without necessary rights and permissions.
(B) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in
good faith, that any materials provided on the Service infringe upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512)
(“DMCA”) by sending the following information in writing to our designated copyright agent
1. The date of your notification.
2. A physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
3. A description of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
4. A description of the material that is claimed to be infringing or to be the subject of
infringing activity and information sufficient to enable us to locate such work.
5. Information reasonably sufficient to permit the service provider to contact you, such as
an address, telephone number, and/or email address.
6. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
(C) Counter-Notices. If you believe that your User Content that has been removed from the Site
is not infringing, or that you have the authorization from the copyright owner, the copyright
owner’s agent, or pursuant to the law, to post and use the content in your User Content, you
may send a counter-notice containing the following information to our copyright agent using
the contact information set forth above:
1. Your physical or electronic signature.
2. A description of the content that has been removed and the location at which the
content appeared before it was removed.
3. A statement that you have a good faith belief that the content was removed because of
mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you
consent to the jurisdiction of the federal court in Massachusetts and a statement that
you will accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-
notice to the original complaining party informing such person that it may reinstate the
removed content in ten (10) business days. Unless the copyright owner files an action seeking a
court order against the content provider, member or user, the removed content may (in our
sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more
after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and
warrant that you have a right to grant, to the Company a royalty-free, sublicensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly
display, and make derivative works of all such User Content and your name, voice, and/or
likeness as contained in your User Content, if applicable, in whole or in part, and in any form,
media or technology, whether now known or hereafter developed, for use in connection with
the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual
property rights of any kind related to the Service, including applicable copyrights, trademarks,
and other proprietary rights. Other product and company names that are mentioned in the
Service may be trademarks of their respective owners. We reserve all rights that are not
expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute
legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives
in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic
form via the email address you have submitted; and (b) agree that all Terms of Use,
agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications would satisfy if it were in
writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about
the Site or the Service and special offers. You may opt out of such email by changing your
account settings, using the “Unsubscribe” link in the message, or by sending an email to
info@conbud.com.
Customer Support
info@conbud.com
Opting out may prevent you from receiving messages regarding the Site, the Service or special
offers.
WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING
THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR
REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR
DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL
OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS
OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE,
ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO
YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE
USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE
THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE
SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER
OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT
PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service
that you review using the Service, you release us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) 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 such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code
§1542, which says: “A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event
of any such amendment. It is your sole responsibility to check the Site from time to time to view
any such changes in this agreement. Your continued use of the Site or the Service signifies your
agreement to our revisions to these Terms of Use. We will endeavor to notify you of material
changes to the Terms by posting a notice on our homepage and/or sending an email to the
email address you provided to us upon registration. For this additional reason, you should keep
your contact and profile information current. Any changes to these Terms (other than as set
forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except
in a written agreement bearing the physical signature of one of our officers. No purported
waiver or modification of this agreement on our part via telephonic or email communications
shall be valid.
GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that
portion of the agreement will be construed as to be consistent with applicable law while the
remaining portions of the agreement will remain in full force and effect. Any failure on our part
to enforce any provision of this agreement will not be considered a waiver of our right to
enforce such provision. Our rights under this agreement survive any transfer or termination of
this agreement.
You agree that any cause of action related to or arising out of your relationship with the
Company must commence within ONE year after the cause of action accrues. Otherwise, such
cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United
States of America and the laws of the State of Massachusetts , without regard to conflict of law
provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part,
to any person or entity at any time with or without your consent. You may not assign or
delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior
written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS
OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER
ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT
LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.