The BuyerShield.com Web Site (the "Site", "We" ) is an online
service (the "Service") provided by BuyerShield ("BuyerShield.com"),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH. WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS.
BuyerShield may not be used for any illegal or questionable purpose, including but not limited to fraud, illegal commercial activity, "phishing", communicating with children. BuyerShield may, in its discretion, deny certification of a website or disqualify a website from current certification and is not obligated to explain.
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BuyerShield does not certify sites which contain or offer: Adult material, Gambling
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1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the copyrights
and trademarks are BuyerShield.com, its partners or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. The only exception being that the seal(s) we certify you for, are allowed to be publically visible on your website. You may print and
download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to BuyerShield.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to BuyerShield.com by all means and in any media now known or hereafter
developed. You also grant to BuyerShield.com the right to use your name
in connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against BuyerShield.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
BuyerShield.com.
2. Use of the Site and Certification services.
You understand that
BuyerShield.com does not operate, control any information, products or services on the Internet in any way. Except
for BuyerShield.com hosted material, visible by visiting the BuyerShield.com domain via a standard web browser. All information, products, services, certifications or seals offered to, or displayed on, external websites through the Site or Service
or on the Internet, are provided "as is" without warranty of any kind, whether express or implied. You also understand that
BuyerShield.com cannot and does not guarantee or warrant that files
available for downloading through the Site, Service or external website displaying our seals, will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to your data and the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE,
SERVICE, AND THE INTERNET. BuyerShield.com PROVIDES THE SITE, SERVICE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF EXTERNAL WEBSITES WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE OR EXTERNAL SERVICES OF THIRD PARTY WEBSITES, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
BUYERSHIELD.COM SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE, BUYERSHIELD.COM OR ON THE INTERNET GENERALLY.
BUYERSHIELD.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION
OF LIABILITY
IN NO EVENT WILL BUYERSHIELD.COM BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, LOSS OF MONEY OR PERSONAL OR FINANCIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF BUYERSHIELD.COM OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE.
BuyerShield.com makes no solid representations whatsoever about any other
web site which you may access through this one or which may link to this
Site. When you access a non-BuyerShield.com web site, please understand
that it is independent from BuyerShield.com, and that BuyerShield.com
has no control over the content on that web site. In addition, a link to
an BuyerShield.com web site does not mean that BuyerShield.com endorses
or accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
BuyerShield.com, its officers, parents, directors, employees,
subsidiaries, affiliates, agents, licensors, suppliers and any third
party information providers to the service from and against all claims
for losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or an external website displaying an BuyerShield seal.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of BuyerShield.com
and its directors, employees, subsidiaries, affiliates, agents,
licensors, suppliers and any third party information providers to the
Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own
behalf.
5.Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site and Certification services), 3
(Indemnification), 4 (Third Party Rights), 6 (Overage fees) and 7 (Miscellaneous) shall
survive any termination of this Agreement.
6. Overage fees
Some large clients have a tremondous amount of website traffic. If you use our services and gain over 100,000 page views per month, BuyerShield may charge overage fees at $10 per extra 100,000 page views used per month. A page view is determined by the BuyerShield servers as being a "page contact" that displays our seal on your website.
7.Miscellaneous.
You agree that any legal
action or proceeding between BuyerShield.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent
jurisdiction sitting. Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action is
barred. BuyerShield.com's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. BuyerShield.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
By using our Service, you contend that you have
read this document and agree to follow by it’s stated conditions and
terms, and understand that while in BuyerShield's educated acknowledgements of certifiable websites, BuyerShield does not gaurantee external websites be entirely law abiding after certification nor follow the requirements of the displayed seal. BuyerShield.com will fully comply with any legal
agencies regarding unlawful use or abuse of our system or services.
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