I. Access to buySAFE.com
Visitors to the Site are permitted to view certain non-interactive introductory pages of the Site without registering. However, in order to access certain pages of the Site you must register on line and give us certain information about yourself.
II. Laws and Regulations
Only the buySAFE Recommended service is backed by Liberty Mutual Insurance Company (the "Underwriter"). All trademarks, services marks, trade names, logos, icons and domain names the Underwriter, including any affiliates thereof located on this website are the property of the Underwriter. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon and domain name displayed on this website without the written permission of the Underwriter or third party that may own such marks or names displayed on this website. Your use of the trademarks, service marks, trade names, logos, icons and domain names displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with permission by, the Underwriter. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
IV. Copyright and Trademark Information
The text and images herein (other than certain images licensed from third parties) and their arrangement, are copyrighted by buySAFE. All rights reserved. The buySAFE name and logo are trademarks of buySAFE, Inc. Designated trademarks and brands are the property of their respective owners.
V. Limitation of Liabilities and Warranties
(a) INFORMATION ON THE SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The information contained at the Site may include technical inaccuracies or typographical errors. We from time to time amend, change, add, delete, update or alter the information contained at the Site, including information regarding the products and services described at the Site, without notice. We assume no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site. IN NO EVENT SHALL WE BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE). IN ANY EVENT, THE MAXIMUM AMOUNT FOR WHICH WE SHALL BE LIABLE TO YOU IS THE AMOUNT OF ANY PURCHASE YOU HAVE MADE ON WHICH THE LEGITIMATE BUYSAFE SEAL HAS BEEN INCLUDED.
(b) We provide three related services to help consumers shop safely online. buySAFE Shopping is a website that collects inventory of both buySAFE Merchants and other selected merchants for the shopperís convenience. Shopping Advisor™ is a downloadable browser plug-in that works by marking up the user's search results with a visual rating summary for thousands of online stores. This visual rating summary is known as the Safe Shopping Rating™. Shopping Advisor may be downloaded at buySAFE.com; buySAFE Shopping is accessible at www.buysafeshopping.com. While buySAFE works hard to ensure the accuracy of the results given by Shopping Advisor, the Safe Shopping Rating, and buySAFE Shopping, we do not warrant that all results are error-free or reflect real-time information. In the event that information about a merchant, its site or its inventory is or may be incorrect, then we invite that notice of this be sent to us immediately using our merchant rating feedback form or emailing our customer support team (all other inquiries). We commit to review such notice and promptly to correct any information that we deem to be incorrect or unclear after our review. We specifically disclaim any warranty or other promise as to the accuracy of such information (including the exclusion of any merchantís inventory from buySAFE Shopping) and we limit any remedy available to any shopper or other person to such review. No action may be brought in reliance on the accuracy of the information displayed in buySAFE's services by a shopper, purchaser, merchant, or other person.
Regardless of whether you have chosen to opt out of certain marketing offers from us, by using buySAFE.com you agree that we may market our services and the services of other companies on the Site through the use of banner ads, "hyper-links," and other similar marketing devices. Products offered will be at our sole discretion, and may be provided by companies not affiliated with us. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. We do not make any representations about such services, benefits or products and do not legally endorse or guarantee products or services provided by non-affiliated companies and such products or services are neither FDIC- insured nor bank guaranteed.
VII. Links to Other Internet Web Sites
Some of the Web sites listed as links herein are not under the control of us, but rather are exclusively controlled by third parties. Accordingly, we make no representations whatsoever concerning such Web sites. Although we may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by us with respect to such Web site, its owners or its providers. We are providing these links only as a convenience to you. We have not tested any information, products or software found on such Web sites and does not make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. IN NO EVENT WILL ANY OF US BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIII. Identifying Information
IX. Notices and Communications
Any comments or materials sent to us, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be our property. Our use of the Feedback will be in compliance with our Privacy Notice, which is set forth on the Site, and applicable laws. We shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to us shall be treated confidentially to the extent required by applicable law or as disclosed in such application.
XI. Prohibited Uses of the Site, our Services or our Products
You agree that you will not (1) use any electronic communication feature offered by or through us or the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy or property, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful, and you will comply at all times with all applicable laws and regulations; (2) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right, or the rights of publicity and privacy, without first obtaining the permission of the owner of such rights to such usage; (3) collect or store personal data about other users; (4) use our products or services for any commercial purposes not expressly approved by us in writing; (5) upload, post, e-mail, or otherwise transmit any advertising or solicitation material, including but not limited to junk mail, surveys, spam, chain letters, pyramid schemes or any other form of solicitation or unauthorized communication; (6) upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment; and (7) with the exception of using commonly known web browser software, use any software, program application or any other device to access or log onto our computer systems, the Site or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content to or from our computer systems, the Site or our proprietary software.
XIII. Other Provisions
Governing Law. These Terms and Conditions shall be governed by the laws of the Commonwealth of Virginia and, where applicable, by federal law.
Dispute Resolution. You agree that you will notify us in writing of any claim or dispute concerning the Site, or the information or services or products provided by or through it, and give us a reasonable period of time to address the claim or dispute BEFORE bringing any legal action, either individually or as a class member, against us.
XIV. Customer Service
Please email us at email@example.com or write us at: 1611 North Kent Street, Suite 803, Arlington, VA 22209.
[Revised February 5, 2009]