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Legal Notices

buySAFE Merchant Terms & Conditions

 

buySAFE Terms & Conditions for Merchant's Use of the buySAFE Seal

 

These Terms and Conditions will provide you with important information about the services and products you may obtain through our Website, www.buysafe.com ("Website"), to use with your online sales. These services and products include the buySAFE BONDED Seal and the buySAFE GUARANTEED Seal (either of both, the "Seal"). References to "buySAFE", "us," "our" or "we" in these Terms and Conditions refer to buySAFE, Inc.


By obtaining any products or services through the Website, including posting or displaying the buySAFE Seal on your website, you and any authorized agent you may have agree to be bound by these Terms and Conditions.


If you do not agree to be bound by these Terms and Conditions, do not use or access our services, including posting or displaying the buySAFE Seal on your website. You must read, agree with, and accept all of these Terms and Conditions, and you agree and represent that you have read and agreed to the information contained in the other pages referred to or linked by the Terms and Conditions, as they may contain additional applicable terms and conditions. We may amend these Terms and Conditions at any time by posting the amended terms on the Website. Except as stated below or as otherwise required by law, all amended terms will automatically be effective fourteen (14) days after they are initially posted on the Website or sent to you via e-mail. Your continued use of the products and services offered through the Website, including the Seal, after such notice, constitutes your acceptance of the amended terms and conditions.



You understand and agree that:

  • Approval and continuing status as a buySAFE Merchant is at the sole discretion of buySAFE, Inc.
  • You will provide accurate and honest information about yourself and your company upon request.
  • You will pay applicable fees to buySAFE according to the buySAFE Terms and Conditions.
  • You will use buySAFE materials only in the manner intended and approved by buySAFE, Inc.
  • You will safeguard and keep confidential customer information as required by law and these Terms and Conditions.
  • You will submit to the buySAFE Dispute Resolution Process in the event that a customer is dissatisfied with a transaction.

I. Registration Process and Approval.


A. The services we offer through the Website are available only to businesses in good standing, which shall be determined in our sole discretion. Once a merchant has been accepted as a buySAFE Merchant, we may terminate that relationship at any time.


B. Merchants who wish to apply to become a buySAFE Merchant are required to register though the Website or through a buySAFE specially approved partner. You agree to provide us with accurate and complete information about yourself and your business. You agree never to impersonate any other person or entity, misrepresent your affiliation with another person or entity, or otherwise conceal your true identity from us. We will treat the information that you provide us in accordance with our Privacy Policy. Click here to view our Privacy & Security Policy.


C. Through the registration process, your business will create a username and password that will enable you to access information about your relationship with buySAFE. This username and password may not be transferred, sold or used by another party. In registering your business, you represent that you have the authority to bind that business entity to these Terms and Conditions.


D. These Terms and Conditions govern the provision of all services provided by buySAFE to merchants, specifically:

  • buySAFE BONDED
  • buySAFE GUARANTEED

You are required to select which service you will use.


E. The Services consist of the following elements:

  1. buySAFE BONDED
    • The buySAFE Seal displayed in the merchant's website pages.
    • The buySAFE Bond option, which offers shoppers the possibility to bond a purchase, which provides some or all of the following benefits:
  2. buySAFE GUARANTEED
    • The buySAFE Seal displayed in the merchant's website pages.
    • The buySAFE Guaranteed Notification, which informs the buyer that her purchase is automatically guaranteed by buySAFE in some or all of the following ways:

All provisions of these Terms and Conditions apply to both of these services, except where a provision is limited specifically to either buySAFE BONDED or to buySAFE GUARANTEED. The buySAFE Seal (or "Seal" herein) refers to either or both the buySAFE BONDED Seal or the buySAFE GUARANTEED Seal according to context.


 

II. Fees and Payments.


A. In general, buySAFE charges fees for the use of its services. The current rates are disclosed in the "buySAFE Pricing" section of the Website, and you agree to pay the fees listed therein, as they may be amended from time to time. We may change our fees at any time, such changes to be effective fourteen (14) days after we have posted the changes on the Website. Additionally, we may choose temporarily to reduce our fees for our services and provide revenue sharing for certain promotional events, in which case such changes will be effective at an earlier time named in the change, and will remain effective for a limited period of time, in accordance with the promotional offer.


B. We may make changes to some or all of our products or services at any time. In the event we introduce a new service or product, the fees for that service or product will be effective at the launch of the service.


C. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for promptly paying all fees associated with using the products and services offered at this Website. You agree that buySAFE may charge you reasonable fees associated with the cost of using a collection agency to collect payment for any outstanding charges to a delinquent account. You agree to pay these fees in addition to any previous amount owed.


D. You authorize buySAFE to charge or debit all fees payable as set forth in this Fees and Payments Section to the credit card, debit card or bank account you specify as part of your Application, including reasonable fees in connection with an electronic debit returned for any reason. You agree to pay us promptly for all fees and charges due and that we may initiate and collect any amounts due from you at any time. You agree to be billed on a monthly or annul basis for all such amounts incurred. For specific terms and conditions with respect to payment by credit card, debit card or bank account, please see below.


 

III. Identity Verification.


You agree that we may, directly or through third parties, make any inquiries we deem appropriate regarding you, including, but not limited to, obtaining information from consumer or credit reporting agencies and others to help us identify you or for any other legally permitted purposes. You also agree that we may order a credit report and perform other credit checks or otherwise verify the information you provide against third party databases.


 

IV. Data Collection.


You agree that buySAFE may collect certain information from your site and from visitors to your site such as IP addresses, domain names, time and date stamps, purchase data and other usage data. We use this information to analyze trends, to track visitor activities in the aggregate, and to gather general information about which pages are visited. We also use this information to provide our services, including issuing guarantees visitors who purchase from you.


If a buyer needs to check their benefits, make a claim, report a problem or to report a suspected misuse the buySAFE Seal, then the buyer must register online and complete a Report a Problem Transaction Form. When filing a claim, we require that buyers provide their name, email address, city, state, country, postal code, name of the web site, URL, and a description of the issue they are reporting. We will use that information to investigate and to resolve buyer benefit claims, including contacting the buyer as necessary.


In addition to the uses described above, buySAFE may use the above data in anonymized or aggregate form to provide and improve its services and use, transmit, process, and store that information as described in buySAFE's Privacy Statement. You will post a privacy policy disclosing that third party service providers may collect the information described above, and you will comply with all applicable laws and regulations relating to the collection of information from visitors.


 

V. Seal Procedures.


A. You agree to allow and enable display of the buySAFE Seal on your website or Marketplace listing. buySAFE may change the appearance of the Seal from time to time, and that such a change will be effective upon our posting of such a notice at the Website. The Seal, which is posted electronically, will link to enable third parties to access the buySAFE Verification Page. When using the buySAFE BONDED Seal on Marketplace listings, you agree that buySAFE will default your account to "autobonding", which will automatically place buySAFE's Seal on each of your listings. You may change your default settings in the buySAFE Service Center if you prefer to select items manually for the Seal.


B. You agree not to modify the Seal in any way, including the size, shape or color of the Seal, or to change the data contained within the Seal. Except as expressly authorized in these Terms and Conditions, any use, modification, reproduction, display or redistribution of the Seal, as well as any trademark or other intellectual property of buySAFE, is expressly prohibited. You agree not to use or display the Seal or any trademark or other intellectual property of buySAFE in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to buySAFE or in a manner that impairs or negatively impacts our rights. buySAFE reserves the right to terminate or modify your license to reproduce and display the Seal at any time and to take action against any use of the Seal that (i) does not conform to these Terms and Conditions, (ii) infringes any intellectual property or other right of buySAFE, or (iii) in our judgment violates any applicable law. You agree not to register or attempt to register the Seal or any other intellectual property of buySAFE in any jurisdiction.


C. You agree that buySAFE is and will remain the sole and exclusive owner of the Seal. You agree (i) not to do anything inconsistent with such ownership, (ii) not to use the Seal to create a separate and distinct impression for any other service mark or trademark, (iii) not to take any action that changes or reduces buySAFE's rights in the Seal, and that (iv) all goodwill associated with the use of the Seal will be solely for our benefit.


 

VI. Standards and Revocation.

You agree that we may suspend or revoke your Seal or discontinue providing you with any product or service, at any time and without notice, if: (a) you fail to keep the information you provide to us current, including your contact information; (b) you fail to display either Seal and related promotional information, as supplied by buySAFE, on all appropriate website pages (c) you fail to follow the buySAFE Dispute Resolution Process and Standards & Prohibited Items sections below; (d) you are not a member in good standing of the marketplace for which you have requested the buySAFE BONDED Seal; (e) you fail to enable your customers to purchase buySAFE Bonding Services or to receive all benefits of the buySAFE GUARANTEED service, as the case may be; (f) we receive complaints about your selling practices or standards; or (g) in the case of merchants using buySAFE BONDED, you fail at any time to permit Liberty Mutual (the "Underwriter") to share Bond claims payment information with us in our capacity as a licensed, duly authorized and appointed agent so that we can we can determine your continued suitability and eligibility for a Seal. If our permission to you to use the Seal is suspended, revoked or terminated you will no longer be entitled to use, reproduce or display the Seal and you must immediately stop all use of the Seal.


 

VII. Provision of Qualification Information.


A. You agree to provide us all requested information about you and your company accurately and promptly. If any information that you provide to us during the application process ("Application") or otherwise changes, you agree to immediately notify us of such changes at www.buysafe.com or in writing at the address for notices set forth below. This information includes but is not limited to your name and address, telephone number, social security number, e-mail address, company name, credit card number, billing address along with the expiration date, and business license number.


B. You represent that you are authorized to do business in accordance with the law. You agree that we may make periodic checks to verify that the information you provided or that we otherwise obtained is correct. Your failure to respond to any inquiries by us or our authorized agents may lead to the suspension or revocation of the service we provide to you. You also agree that we may provide your Verification of Selling History to the public or any third party. Additionally, we may provide information about you to one of your customers in connection with a Problem (defined below), including your contact information to enable direct communications between you and such customer and your status as a buySAFE Merchant.


C. You represent that you have requested buySAFE products and services, including the Seal, for business and commercial purposes and not for personal, family, household or other purposes.


D. You agree that you have accurately entered your complete terms of sale during the buySAFE application (if requested). Failure to enter your terms of sale during the buySAFE application or entering terms of sale that do not appropriately describe your business practices will make you ineligible to become or remain a buySAFE merchant.


 

VIII. buySAFE Dispute Resolution Process.


Once you have submitted an Application and are approved to post a Seal in connection with your online sales, you agree to participate in the following dispute resolution process (the "buySAFE Dispute Resolution Process").


A. If your customer becomes dissatisfied with his or her transaction (each such reported event a "Problem"), the customer may initiate the buySAFE Dispute Resolution Process through the Website. The buySAFE Dispute Resolution Process is an automated online forum for helping you and your customer come together to solve a Problem. Through this online forum at the Website, a customer may register with us, provide us some personal information and then complete our "Report a Problem Transaction" form. A customer's completion of this form will enable you and your customer to communicate directly with each other, and if necessary, to enlist the aid of a buySAFE "Problem Solver," a neutral Problem Resolution Specialist. When a customer institutes the buySAFE Dispute Resolution Process, you agree to use your good faith efforts to investigate and respond immediately to such Problem. Your good faith commitment means, among other things, an honest intention by you to resolve such Problem if at all possible. Upon our notification of a Problem by your customer, we will forward you a Problem initiation notice which includes such customer's Problem information. Thereafter, you must respond to such notice within three business days in writing with full and complete information responding to such customer's claims or else you may be deemed to admit that the claims made by such customer are true and correct. If you respond to such notice and cannot reach a satisfactory solution with your customer through the buySAFE Dispute Resolution Process within ninety (90) days of our receipt of the customer's report of the problem, then the buySAFE Dispute Resolution Process will end and such customer may take action according to his or her wishes, including but not requiring a Claim as described below. To the extent legally permitted, customers will be compelled to use the buySAFE Dispute Resolution Process for both the Bond and, in the case of customers who are not resident in the US or its territories and who are beneficiaries of the buySAFE GUARANTEED service, the Corporate Guarantee.


B. When a customer completes an online sale covered by a Bond, buySAFE will provide to that customer a link to the Bond issued for the benefit of the customer, along with instructions for making a Bond claim in the event that a customer is unable to resolve any Problem using the buySAFE Dispute Resolution Process (a "Claim"). When a customer completes an online sale covered by buySAFE GUARANTEED, buySAFE will provide to that customer a specific number of a Corporate Guarantee for the benefit of the customer, along with instructions for making a claim under the Guarantee in the event that a customer is unable to resolve any Problem using the buySAFE Dispute Resolution Process (a "Claim"). In the event that a customer files a Claim against you (the "Claims Process"), we will provide the Underwriter's agent ("Agent") with a copy of all the information provided by both you and the customer through the buySAFE Dispute Resolution Process. At such time, the Agent will communicate with you directly to resolve the dissatisfied customer's Claim under the applicable Bond. Once the Claims Process commences, we will not be able to communicate with you regarding the customer's Claim because buySAFE, Inc. is not the claims administrator.


C. In the event that the customer covered by buySAFE BONDED is not a resident of the US or its territories or that the Customer is covered by buySAFE GUARANTEED, then the customer's transaction will not be guaranteed by a Bond, but by the buySAFE Corporate Guarantee. The process for initiating a customer report of a Problem and a subsequent Claim under the Corporate Guarantee is the same as that for a Bond, with the exception that buySAFE will administer the entire claims dispute process for a Guarantee, as the Underwriter is not a party to the Guarantee.


 

IX. Your Role and the Quality of Service.


A. You agree to:

  1. Authorize buySAFE to make inquiries and collect information about you and your business from various sources, including but not limited to consumer and credit bureaus, the Internet marketplace where your business will be offering products for sale, and other third parties, to assist in evaluating your Application and ongoing compliance with these Terms and Conditions;
  2. Use good faith efforts to provide timely and accurate information related to a Problem;
  3. Cooperate and participate in good faith and in a timely manner in response to each Problem raised and to respond immediately to all calls or e-mails sent to you by buySAFE after receipt of such calls or e-mails; and
  4. Authorize buySAFE to provide, in accordance with the Privacy & Security Policy, third parties, including but not limited to the bonding company on any bonds issued for your transactions, the bonding company's licensed Agent for the bonds, and customers, any information we have or obtain on you, including but not limited to information on your Problem, including notifying appropriate third parties or the Internet marketplace of your suspension, Problem information, questionable or inappropriate behavior, or termination as a Seal user and communicate with a customer as part of the Problem process.

B. After becoming a buySAFE merchant, you agree:

  1. Not to impersonate any person or entity or to use a name or alias that you are not authorized to use;
  2. Not to initiate or send fraudulent communications transmitted to or through buySAFE during the Problem process, or permit any other person to transmit any information that falsely or incorrectly identifies your User ID as the origin of such communication;
  3. Not to post material that encourages conduct that could constitute a criminal offense, or give rise to civil liability or to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, as determined by us in our sole discretion; and
  4. (a) Not to use any electronic communication feature offered by or through us or the Website 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; (b) not to 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; (c) not to use our products or services for any commercial purposes not expressly approved by us in writing and not to 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; (d) not to 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 (e) with the exception of using commonly known web browser software, not to use any software, program application or any other device to access or log onto our computer systems, the Website or proprietary software, or automate the process of obtaining, downloading, transferring or transmitting any content to or from our computer systems, the Website or our proprietary software.

 

X. Standards & Excluded Items.


All merchants agree as follows:


A. That you will use the products and services offered through the Website, including the Seal, only in the internet venues authorized by buySAFE (which may be a Marketplace or a defined website).


B. That you will abide by any Marketplace's applicable user agreement, including but not limited to, any non-binding bid policies, prohibited and restricted items policies, infringing item policies or any other applicable agreement or policy and not to request that buySAFE issue a Seal for a sale item that violates such a policy.


C. That you will not use the Seal for any transaction involving the following: goods restricted to "adult" audiences, pornography, gambling, real estate or any transaction not involving the sale of a tangible good (i.e., items that can be shipped) or an explicitly defined service (i.e. airline tickets, travel packages, subscription-based services etc.). Items that must be downloaded from the Merchant's computer to that of the consumer (i.e. digital content or MP3 music files) as the intended means of delivery may also be covered by the Bond or Corporate Guarantee.


D. Merchants electing to use the buySAFE GUARANTEED service also agree as follows:

  • The Performance Guarantee ensures that if you do not perform according to your own terms of sale, and your customer makes a claim within 30 days from the date of purchase, and, after exhausting the Dispute Resolution Process there is no resolution, then buySAFE or buySAFE Claim Services, Inc., a wholly owned subsidiary of buySAFE, ("BCS") may, in its discretion, resolve the claim in favor of the customer. In such event, buySAFE may reimburse the customer the amount of her loss, not to exceed $1,000 and Merchant will be liable to indemnify buySAFE or BCS for such amount as elsewhere set forth.
  • Identity Theft Protection will be provided to each customer who purchases from you, such coverage to run for 30 days from the date of purchase, as further described in http://buysafe.com/legal_notices/guaranteeterms.html#id
  • Lowest Price Guarantee, that protects the customer from any reduction in price drop for the same good from the same seller's website within 30 days of the date of purchase, as further described in http://www.buysafe.com/buyer_benefits/price_guarantee.html

 

XI. Use of Materials.


You acknowledge and agree that the materials, content, methodology and concepts of the business process and in our materials (collectively, the "Materials") are owned by buySAFE and are protected by patents, copyrights, trademarks or other proprietary rights and that the use of such Materials is governed by the laws which create those rights and provide for their enforcement. You may not reproduce, modify, distribute or publicly display such Materials.


 

XII. Your Provision of Information.


A. "Verification of Selling History" is defined as any information you provide to us in the registration, bidding or listing process or through any e-mail.


B. By using the products and services offered through the Website, you represent and warrant that you will keep all personally identifiable information of each customer confidential in accordance with the law, and will maintain, at all times, commercially reasonable safeguards on such information You further agree that we have the right to audit you with respect to such customer information upon our request.


 

XIII. No Warranty.


BUYSAFE, ITS SUBSIDIARIES, EMPLOYEES AND ITS SUPPLIERS PROVIDE THE PRODUCTS AND SERVICES THEY OFFER THROUGH THE WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. buySAFE provides the buySAFE Dispute Resolution Process as an aid to resolution of Problems in a timely manner but it makes no representations or warranties regarding the amount of time needed to resolve Problems. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.


 

XIV. Limitation of Liability.


A. IN NO EVENT SHALL BUYSAFE, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES THEY OFFER THROUGH THE WEBSITE OR THESE TERMS AND CONDITIONS, HOWEVER ARISING, INCLUDING NEGLIGENCE. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.


B. THE LIABILITY OF EACH OF BUYSAFE, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ITS SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF FEES AND CHARGES PAID BY YOU TO BUYSAFE PURSUANT TO THESE TERMS AND CONDITIONS. IN NO EVENT SHALL BUYSAFE, ITS PARENT, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ITS SUPPLIERS HAVE ANY LIABILITY RELATED TO THE APPLICATION FOR OR ISSUANCE BY THE SURETY AND THE AGENT OF ANY BOND THROUGH THE WEBSITE, ANY CLAIMS PROCESS OR PAYMENT MADE RELATED TO A BOND OR ANY ATTEMPT TO COLLECT SUCH PAYMENT FROM YOU.


C. We are not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Website. Access to the Website may be limited or unavailable during periods of peak demand, system upgrades and maintenance or for other reasons. If access to the Website is not available or delayed at any time, you agree to use alternative means to obtain your account information from us, such as by contacting one of our customer support representatives or e-mailing us at support@buysafe.com. You agree that we are not liable if you are not able to access your account information or to use an online service through the Website.


D. In addition to the buySAFE BONDED and buySAFE GUARANTEED services, 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 shopper's 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 merchant's 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.


 

XV. Indemnification.


A. You agree to indemnify, defend and hold harmless buySAFE, its parent, subsidiaries, directors, officers, employees, agents and its suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you or your agents of these Terms and Conditions, any violation of state or federal laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.


B. The following provision applies only to (1) any buySAFE BONDED transaction in which your customer is located outside the United States and its territories (a "Non-US Purchaser") and (2) to all transactions covered by buySAFE GUARANTEED . In either of these events, buySAFE's guarantee is provided by a corporate guarantee issued by buySAFE Claim Services, Inc., a wholly owned subsidiary of buySAFE, ("BCS") (the "Corporate Guarantee") and NOT by the Surety Bond otherwise applicable. The following indemnification terms apply specifically to the Corporate Guarantee.

  1. You certify that all statements made and answers given in the buySAFE application are truthful, accurate and complete in all respects and are made for the purpose of inducing BCS to extend the GC for which You have applied. You understand and agree that buySAFE and BCS can and will rely upon your statements and answers for that purpose.
  2. You agree to indemnify BCS and buySAFE and to hold them harmless from all loss and expense of whatever kind, including but not limited to, costs associated with the return of an electronic debit, interest, court costs, and attorney fees, ("loss"), incurred by BCS and buySAFE as a result of or in connection with the furnishing of the Corporate Guarantee. You promise to promptly reimburse BCS and buySAFE for all sums paid on account of any loss and agree that originals or photocopies of claim drafts, or of payment records kept in the ordinary course of business, shall be prima facie evidence of the fact and amount of such loss.
  3. You agree to waive any and all defenses as against buySAFE and BCS with respect to any coverage decision in connection with a claim. You agree to assign to BCS or buySAFE, upon request from either, any rights you may have to recover from any third parties.

XVI. Term and Termination.


A. These Terms and Conditions will commence on the date you click the "I Accept" button or when the buySAFE Seal first appears on your website, or when a buySAFE BONDED or buySAFE GUARANTEED bond or guarantee is first issued on your website, whichever comes first.


These Terms and Conditions will terminate on the earlier of: (a) the date on which you are notified by buySAFE that new Terms and Conditions replace these Terms and Conditions; (b) the effective date of any change in Terms and Conditions; or (c) the date on which buySAFE dispatches e-mail or fax or other notice to you that it is terminating its relationship with you. The following Sections shall survive the termination of these Terms and Conditions: Sections II ("Fees and Payments"), X ("Use of Materials"), XII ("No Warranty"), XIII ("Limitation of Liability"), XIV ("Indemnification") and XV ("Term and Termination"). Upon termination of these Terms and Conditions, all licenses granted pursuant to these Terms and Conditions will immediately terminate.


B. To terminate your Seal service, please send a written request to cancelservice@buysafe.com. Termination of your Seal service does not, however, terminate your obligations under the Terms and Conditions.


 

XVII. General.


A. You agree that the laws of the Commonwealth of Virginia will govern these Terms and Conditions and your relationship with buySAFE, without reference to any choice of law rules. Unless prohibited by applicable law, any claim or controversy arising out of or related to these Terms and Conditions, a Seal (including a Problem) or any breach, interpretation or construction thereof shall be submitted to arbitration. In such event, the arbitration proceeding will be held pursuant to the Rules of the American Arbitration Association in effect as of the date such claim or controversy arises. The decision of the arbitrators shall be made in accordance with the laws of the Commonwealth of Virginia. The decision of the arbitrators shall be final and binding upon you, and judgment upon the award may be entered in the state or federal courts in Virginia. No arbitration shall be commenced unless you have substantially complied with all material conditions of these Terms and Conditions, excepting conditions specifically waived or altered in writing by buySAFE and unless commenced within one (1) year after such right shall first arise. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE FOREGOING ARBITRATION REQUIREMENT, YOU AND WE AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR CONTROVERSY RELATING TO THESE TERMS AND CONDITIONS, A SEAL OR ANY BREACH, INTERPRETATION OR CONSTRUCTION THEREOF. ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE WITH RESPECT TO BUYSAFE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.


B. You may not assign your rights and obligations under these Terms and Conditions, by operation of law or otherwise, without prior written consent of buySAFE. You agree that buySAFE may assign its rights and obligations under these Terms and Conditions in its sole discretion.


C. The failure of either you or buySAFE to enforce any of the provisions of these Terms and Conditions shall not be construed as a waiver of that provision or the right of the party to enforce that provision or any other provision.


D. In the event that any provision of these Terms and Conditions is found to be unenforceable or invalid, you and buySAFE agree that that provision will be changed and interpreted so as to best accomplish the objectives of the provision within the limits of applicable law or applicable court decisions.


E. In keeping with other provisions of these Terms and Conditions, buySAFE makes available the Bond only to those customers of a buySAFE BONDED merchant who are residents of the United States and its territories. buySAFE offers comparable coverage to all other customers, wherever resident, through the buySAFE Corporate Guarantee, the terms of which are more fully contained in that document. In all instances the Bond and Corporate Guarantee are mutually exclusive: a customer's transaction may not be covered by both agreements. Throughout the Website and the Legal Notices, the term "Bond" may be read to include the "Corporate Guarantee", where necessary and appropriate. For the sake of clarity, the element of the buySAFE GUARANTEED service that guarantees the performance of the merchant up to $1,000 is backed entirely by a Corporate Guarantee.


 

XVIII. Address for Notices.


All notices to buySAFE must be made to buySAFE, Inc. at 1611 N. Kent St., #803, Arlington VA 22209. All such notices must be made in writing and mailed by either first class postage or personal courier and will be deemed delivered when received. All notices buySAFE makes to you will be sent to the e-mail address you specify in the Application or, if of general applicability, by posting to this Website.


 

XIX. Force Majeure.


buySAFE shall not be liable to you for its failure to perform under these Terms and Conditions to the extent that any such failure results from any cause beyond its reasonable control, including without limitation, acts of God; strike; electrical or power outage; the acts or omissions of a third party; earthquake; weather or other natural disasters; the failure of electronic, mechanical data transmission or communication equipment or services; interconnection, internet service, or data transmission problems; bugs, errors, configuration problems or the incompatibility of computer hardware or software; problems with intermediate computer or communications network or facilities or your telephone, cable or wireless service; or unauthorized access, theft, operator errors, acts of terrorism or war or labor disputes. Further, we do not warrant that the services provided hereunder will be uninterrupted or error free, and we will not be responsible for any interruptions in the provision of services available hereunder.


 

XX. Electronic Communications.


In accordance with the Federal Electronic Signatures in Global and National Commerce Act, you agree to the following consent:


A. We may communicate with you regarding and subject of these Terms and Conditions by means of electronic communications, including (a) sending electronic mail to the email address you provided during your application, or (b) posting notices or communications on our Website. You agree that we may communicate with you by means of electronic communications the following: this Terms of Service (and revisions or amendments), notices; disclosures, notices and statements regarding your Internet transactions, use of the Seal, the debiting or crediting of your designated bank account or credit card, your use of the products and services we offer through the Website, your relationship with us and/or other programs, products or services that are or may in the future be made available to you ("Communications"). Such Communications may include, but are not limited to this Consent or disclosures regarding any other matter relating to your use of the services provided by buySAFE.


B. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Terms and Conditions, or when we post the electronic communication on our Website.


C. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Website contact information to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the Website contact information to update your application information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of any services provided hereunder if you decline or withdraw consent to receive electronic communications from us.


BY PROVIDING YOUR ELECTRONIC SIGNATURE BELOW OR BY AGREEING TO THESE TERMS AND CONDITIONS BY THE ACT OF POSTING OR DISPLAYING A BUYSAFE SEAL ON YOUR WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE SENDING YOU PAPER COMMUNICATIONS REGARDING ANY ACCOUNTS, PRODUCTS OR SERVICES THAT WE PROVIDE VIA THE WEBSITE; THAT YOU WILL NOT BE PROVIDED WITH A PAPER ACH AUTHORIZATION OR CREDIT CARD AUTHORIZATION TO BE SIGNED IN WRITING; THAT YOU HAVE THE ABILITY TO ACCESS OUR WEBSITE; THAT YOU CAN READ AND PRINT THE APPLICATION AND ANY ACH AUTHORIZATION OR CREDIT CARD AUTHORIZATION AND COMMUNICATIONS WE ELECTRONICALLY PROVIDE TO YOU OR MAKE AVAILABLE TO YOU AT OUR WEBSITE; THAT YOU HAVE THE ABILITY TO USE AN ELECTRONIC SIGNATURE ON THE ACH AUTHORIZATION AND THE CREDIT CARD AUTHORIZATION; AND THAT YOUR CLICKING ON THE "I AGREE" BUTTON OR BY POSTING OR DISPLAYING A buySAFE SEAL ON YOUR WEBSITE WILL CONSTITUTE YOUR ELECTRONIC SIGNATURE ON THE ACH AUTHORIZATION AND THE CREDIT CARD AUTHORIZATION, WHICHEVER YOU CHOOSE OR BOTH.


 

 

If you have any questions, please refer to our FAQs or e-mail us directly at support@buysafe.com.


Revised December 28, 2012


Buyer benefits

buySAFE is a unique solution to increase conversion and customer satisfaction. Leverage the buySAFE 3-in-1 Guarantee and provide your customers with:

  • $10,000 ID Theft Protection
  • $1,000 Purchase Guarantee
  • $100 Lowest Price Guarantee
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