Terms of Service (revised 11.28.05)

Acknowledgment & Acceptance
By enrolling in and/or using the buySAFE® Shopping Smart Buyers Club Program ("Program"), Program members ("Members") agree that they have read and understand this Agreement ("Agreement") and that their membership in the Smart Buyers Club shall conform to its terms and conditions.

The Smart Buyers Club Program is owned and operated by buySAFE, Inc. ("buySAFE").

Program members ("Members") may earn Points for purchasing items from Bonded Sellers (“Bonded Sellers”), referring new Members to the Program, or for referring new Bonded Sellers.

buySAFE reserves the right to send Members messages from time to time for which they may not be rewarded. Such messages may include Smart Buyers Club system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages")-and may be sent via email or regular mail.

buySAFE is under no obligation to provide Members with any particular number of Point-earning opportunities or to send messages to them.

buySAFE reserves the right to limit Smart Buyers Club enrollment at any time.

buySAFE Privacy Policy
buySAFE promises to maintain the privacy of Members' personal information. The full extent of our commitment is detailed in the buySAFE Privacy Policy.

Terms of Participation
Smart Buyers Club membership eligibility is subject to the following terms:

Membership is limited to one individual per Smart Buyers Club account and each Member may register only one email address.

Only individuals aged 18 years or older may enroll in the Smart Buyers Club Program.  Corporations and/or other business entities are not eligible to become Members under any circumstances.

At this time our loyalty program only supports transactions in U.S. currency. As such, only Qualified buySAFE Transactions are eligible for rewards points. (Qualified buySAFE Transactions are defined as those made with a U.S.-based Bonded buySAFE merchant in U.S. dollars.) 

International buyers may participate in the buySAFE Smart Buyers Club program subject to the following: 

Eligibility is dependent upon Members providing a legitimate U.S. mailing address.  International buyers may participate in the rewards program only via Qualified buySAFE Transactions.  For purposes of jurisdiction, all Members agree that Qualified buySAFE transactions occur in the United States and are subject to applicable state and federal laws associated with the Member's U.S. mailing address.

Member agrees to provide only information that is truthful and accurate to the Smart Buyers Club and its partners at all times.

Member agrees to comply with the terms of all buySAFE and buySAFE Bonded Seller offers, promotions, and programs at all times.

Member agrees not to abuse Smart Buyers Club privileges by conduct which is detrimental to the interests of buySAFE, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of Smart Buyers Club or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Smart Buyers Club award links, etc.

buySAFE reserves the right to terminate or disable, at buySAFE's sole discretion, any Smart Buyers Club membership if buySAFE believes such Member has violated or acted inconsistently with the rules of Smart Buyers Club or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points.

buySAFE shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.

buySAFE reserves the right to adjust a member's point balances with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of a member's Smart Buyers Club account.

Points may be spent only on rewards as offered through Smart Buyers Club at the time of redemption.

Points have no cash value.

buySAFE is not responsible for lost or stolen rewards once issued.

Rewards are subject to change at any time without notice.

The number of Points required to redeem for a reward are subject to change at any time without notice.

The number of Points earned for rewardable actions, and the actions themselves, are subject to change at any time without notice.

Member inquiries regarding rewards ordered and not received must be received by buySAFE within 6 months after the initial redemption date. Thereafter, buySAFE will have no obligation to re-send rewards to the Member.

Points will be subtracted from Member's account once the redemption order is placed by the member and captured by the Smart Buyers Club system.

Once used to claim a reward, Points will not be reinstated to Member's account.

In conjunction with spending Points for rewards, Member agrees to confirm that all information in Member's personal profile is up-to-date and accurate.

Member agrees to promptly notify buySAFE of any change in Member's address (mail or email) or personal profile by updating his or her personal information in the My Account section of the Website under My Information. Member's discontinued participation in Smart Buyers Club or failure to notify buySAFE of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Points.

buySAFE reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of six (6) consecutive months. Inactive shall be defined as lack of one of the following: Bonded purchase, new Member referral, or Bonded Seller referral.

Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in Smart Buyers Club if and to the extent that such participation is permitted by such laws, rules, and regulations. buySAFE refuses to enroll Member, or to restrict, modify, or terminate Member's participation in Smart Buyers Club, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in Smart Buyers Club could violate any law, rule, or regulation.

Disclaimer of Warranties
Member expressly agrees that use of Smart Buyers Club is at the Member's sole risk.

Smart Buyers Club and all services offered therein are provided on a strictly "as is" and "as available" basis. BUYSAFE MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH SMART BUYERS CLUB OR THROUGH SMART BUYERS CLUB ADVERTISERS OR PARTNERS; THAT SMART BUYERS CLUB WILL MEET MEMBERS' REQUIREMENTS; OR THAT SMART BUYERS CLUB WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES BUYSAFE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SMART BUYERS CLUB OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SMART BUYERS CLUB.

buySAFE expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, data accuracy, security, and non-infringement. buySAFE shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Smart Buyers Club advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from buySAFE or through Smart Buyers Club shall create any warranty.

Under no circumstances shall membership in the buySAFE Smart Buyers Club imply bonded coverage on transactions which are not bonded with buySAFE surety bonds.  Qualified buySAFE transactions are governed by the terms of the surety bonds associated with those transactions.

Indemnification
Member agrees to indemnify and hold buySAFE, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of Smart Buyers Club or violation of this Agreement.

Limitation of Liability
BUYSAFE SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN SMART BUYERS CLUB. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

buySAFE is not responsible for damages or losses that result from participating or inability to participate in Smart Buyers Club, or reliance on or use of information, services, or merchandise provided on or through Smart Buyers Club.

Member acknowledges and agrees that buySAFE neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any privacy practices of such entity, or any fraud or other crime facilitated thereby.

buySAFE is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points.

In no event shall buySAFE's liability, either jointly or severally, exceed $100.

Participation in Promotions of Advertisers and Merchants
Member's correspondence with or participation in promotions of Smart Buyers Club advertisers and partners are solely between corresponding Member and the advertiser or partner. buySAFE assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.

Member understands that, in some cases, there may be delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to buySAFE for such crediting of Points. buySAFE will not be responsible or liable for the delay or failure to credit Points in such event.

Third Party Services
To enhance the value of the Smart Buyers Club service to its Members, buySAFE may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation.  The terms and conditions of any sharing of said information are strictly defined by the buySAFE Privacy Policy.

Termination
AT ANY TIME EITHER MEMBER OR BUYSAFE MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.

Termination of membership is effective upon Member submitting a termination request from the My Information page found in the My Account area on the Smart Buyers Club Web site. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Points after termination.

Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Smart Buyers Club, Member's only recourse is to immediately discontinue participation in Smart Buyers Club and properly terminate his or her membership. (See paragraph above.)

buySAFE reserves the right to terminate the membership of any Member who appears to be using Smart Buyers Club in a manner inconsistent with this Agreement, the intent of this Agreement, or any Smart Buyers Club rules.

Non-Transferability
Member's right to use Smart Buyers Club is non-transferable.

Points are non-transferable and are void if transferred.

Member's membership will terminate immediately in the event of Member's death.

Points and/or rewards may not be bartered or sold.

Smart Buyers Club accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

Proprietary Rights to Content and other Intellectual Property
Member acknowledges that Smart Buyers Club content (including but not limited to text, sound, photographs, graphics, or other material contained in any Smart Buyers Club communication, advertisements, or messages, whether by buySAFE or buySAFE's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws.  buySAFE hereby grants to Member a non-exclusive, nontransferable license to access and use the Smart Buyers Club service solely for the purposes specified herein ("License").  Member may not use content, service, or software except as expressly authorized by buySAFE, its advertisers and partners, as the case may be.

Member agrees not to forward any Smart Buyers Club offers or promotions to others without first obtaining the express written permission of buySAFE; Smart Buyers Club offers are specific to Member's membership unless otherwise stated.

Limitations
Members may not, without our express permission, use the content from our site in any other way for any other purpose, including but not limited to: modifying, uploading, posting, adapting, editing, republishing, displaying, using for commercial purposes, performing, selling, licensing, creating derivative works of, or transmitting it. Members may not reverse-engineer, decompile, disassemble, or otherwise alter the site or its content, or otherwise attempt to discover the source code or structural framework thereto.  Members also may not misrepresent personal information that Members provide to us or act in a manner inconsistent with or in violation of any applicable local, state, federal or other applicable U.S. or foreign law, statute, regulation, directive or ordinance.

Member Conduct
Members agree that they will not do any of the following in connection with their use of the Service:  (a) fail to follow the terms and conditions of the TOU; (b) abuse the Service privileges; (c) misrepresent personal information that is provided to buySAFE, by them, or anyone else acting on their behalf; (d) act in a manner inconsistent with or in violation of any applicable local, state, federal or other applicable U.S. or foreign law, statute, regulation, directive or ordinance; (e) do anything detrimental to the interests of buySAFE; (f) use, or attempt to use, any part of the service for other purposes including, but not limited to, tampering, hacking, spoofing, using robots or scripts, or otherwise corrupting the administration, security, or proper function of any part of the Service; (g) do anything which would create or impose an unreasonable or disproportionately large burden or load on buySAFE.com; (h) frame or link to buySAFE.com except as permitted in writing by buySAFE; or (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

Modifications
buySAFE reserves the right to change this Agreement, and/or any part thereof, at any time. The most recent version of this Agreement will be accessible via the "Terms of Service" link located in the footer of all pages of the Smart Buyers Club Web site.

Member's non-termination or continued use of Smart Buyers Club constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.

buySAFE reserves the right to modify or discontinue the Smart Buyers Club service with or without notice to Member.

buySAFE shall not be liable to Member or any third party should buySAFE exercise its right to modify or discontinue the Smart Buyers Club service.

Member's continued participation in the Program shall constitute an affirmative acknowledgment by Member of any amendment or modification to the TOS and Member's consent to abide and be bound by said TOS as amended or modifies.

Notices
All notices given by buySAFE to members will be given by email, regular mail or by general posting on the Smart Buyers Club Web site.

Laws
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Arlington, Virginia, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

This contract shall be governed by the law of the State of Virginia, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.

Member and buySAFE agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

This Agreement constitutes the complete and exclusive understanding between buySAFE and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

buySAFE's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by buySAFE in writing.