Membership Agreement

This Membership Agreement governs your membership in Buy Back America, allowing you (the "Member") full access to the membership portions of the website located at www.buybackamerica.com (the "Site") and full access to the privileges and benefits enjoyed by members in Buy Back America. Membership portions of the Site include, but are not limited to, the member sign in pages and community forums. This Membership Agreement is in addition to the Terms of Use applicable to the Site and the Terms of Sale (Memberships). The Site is operated by Buy Back America.

Access and use of the membership portions of the Site and use of the privileges/benefits of membership are provided by Buy Back America to you on condition that you accept the terms and conditions of this Membership Agreement. If you do not agree to accept and abide by this Membership Agreement and the Terms of Use and the Terms of Sale (Memberships), you should not purchase or renew your Buy Back America membership. In the event of any inconsistency between this Membership Agreement and the Terms of Use or the Terms of Sale (Memberships), the terms of this Membership Agreement shall govern.

Buy Back America reserves the right, in its discretion, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site and use of the privileges/benefits of membership after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Buy Back America as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site and cease use of the privileges/benefits of membership.

Concurrently with the purchase of a membership in Buy Back America, the Member shall pay Buy Back America the then-current annual membership fee, which shall be absolutely non-refundable for any reason upon payment thereof.

Member hereby acknowledges and agrees as follows:

Buy Back America has made inquiries into the ownership of the businesses affiliated with Buy Back America, and Buy Back America believes in good faith that such businesses are wholly owned by citizens of the United States of America. Buy Back America intends to make good faith efforts to confirm on an ongoing basis that all businesses affiliated with Buy Back America are owned by citizens of the United States of America. Any and all information which is provided to Buy Back America by a business affiliated with Buy Back America with respect to the ownership of such business which purports to be wholly owned by citizens of the United States of America, shall be available for inspection upon the request of any individual pursuant to inspection procedures established and modified from time to time in the sole and absolute discretion of Buy Back America.
Nevertheless, Buy Back America makes no representation or warranty that any of the businesses affiliated with Buy Back America are currently wholly owned by citizens of the United States of America, or that any such business shall remain to be wholly owned by citizens of the United States of America in the future.
As an express condition of membership in Buy Back America, Member hereby unconditionally releases Buy Back America from any and all liability arising from the fact that one or more businesses affiliated with Buy Back America may be found not to be wholly owned by citizens of the United States of America.
Buy Back America makes no representation or warranty with respect to any product or service furnished by any business affiliated with Buy Back America, including, but not limited to, no warranty of merchantability or warranty of fitness for a particular use. Any business transaction between Member and any business affiliated with Buy Back America is strictly between Member and such business.
As an express condition of membership in Buy Back America, Member hereby unconditionally releases Buy Back America from any and all liability arising from any business transaction between such member and any business affiliated with Buy Back America.
The membership in Buy Back America referenced herein is personal to the Member, and may not be assigned or transferred to any third party by Member.
This application and all dealings between Member and Buy Back America shall be governed by and construed in accordance with the laws of the State of Utah.
Member, by proceeding with the purchase of a membership, hereby consents and submits to personal jurisdiction over the party by, and venue in, the courts of the Third Judicial District Court in and for Salt Lake County, State of Utah regarding any legal action between Member and Buy Back America. In the event of any legal action between Member and Buy Back America, Member hereby agrees to submit such legal action to the courts of the State of Utah in and for Salt Lake County and/or to transfer venue of any pending legal action to the courts of the State of Utah in and for Salt Lake County, upon Buy Back America’s request therefor.
In the event of any litigation, action, or other legal proceeding between the Member and Buy Back America, in addition to any other relief which may be granted, the prevailing party shall be entitled to recover its reasonable costs and attorney fees incurred therein.