Terms and Conditions - EmployeeBuy.com

Last Updated: March 8, 2010

This is the Terms and Conditions Agreement ("Terms and Conditions" or "Agreement") of EmployeeBuy ("EmployeeBuy" or "us" or "we"), a subsidiary of Ledgestone Associates, LLC. The Terms and Conditions govern your use of any content or information on the EmployeeBuy.com website, and any other website pages on which services are provided by us (collectively, the "Site"). Our Privacy Policy is incorporated in these Terms and Conditions by reference.

This Agreement applies to Licensors, Advertisers and Users. You hereby agree to these Terms and Conditions and EmployeeBuy's Privacy Policy, including all revisions to the Agreement and Privacy Policy, by using this Site. Please do not use this Site if you do not agree to these Terms and Conditions. Please read and review this Agreement every so often for changes, as EmployeeBuy reserves the right to revise this Agreement at any time. Any modifications we make will be effective immediately upon posting to the Site. Your continued use of this Site following the posting of any changes to the Agreement signifies your acceptance of such changes. EmployeeBuy reserves the right to refuse, restrict, suspend, or terminate any user's use of this Site at any time without notice.

PERSONAL INFORMATION
All personal information you give us is kept confidential and protected with the utmost care, and will not be used in ways to which you have not consented. We won't sell, rent or disclose any information that identifies you to an unrelated third party without your approval. We do not collect personal information when you visit our site unless you choose to register or complete a purchase. We then use this information to provide you with the service that you have requested or other value-added services from EmployeeBuy. For example, if you purchase an item, we will use your e-mail address to send you a confirmation notice and your address to ship you the package. We may also need to contact you via phone, postal mail or e-mail if we have other questions regarding your order. As a registered EmployeeBuy member, you may also receive special announcements and promotions but you may opt out of these mailings at any time. If you choose to subscribe to our mailing list, we will send you regular e-mail newsletters, inform you about new features, products or services, or changes to services. As a member of EmployeeBuy, you can change your subscription status at any time.

Our Site and our services are provided for your personal, noncommercial use only, unless otherwise specified. You agree to use the Site and our services only for lawful purposes. You may not in any way make unauthorized use of (by commercialization, distribution, performance, publication, re-transmission, caching, cataloguing, aggregating, or otherwise) the Site Content or other material obtained through the Site, except as permitted by the Copyright Act or other law and as explicitly permitted in writing by this Agreement or EmployeeBuy. You acknowledge that your failure to use the Site and our services only for lawful purposes may subject you to civil and criminal liability.

EmployeeBuy makes a commission from most sales generated from the Site. EmployeeBuy will donate 10% of profits to the charities that the members choose. Upon registration, a member will choose a charity from the selection offered. Every six months, EmployeeBuy will tally up the votes and will proportionately allocate such donations based on the votes. EmployeeBuy will only send donations to charities in increments of $100, unless EmployeeBuy has reached a special agreement with a particular charity.

EXTERNAL USE: THIRD PARTY SITES
EmployeeBuy contains links to other sites and includes the offers they promote. Through links or frames, you will be transferred from this Site to online merchants or other third party sites. Any purchase you make will be through other websites and from other companies. Prior to using third party sites, you are encouraged to read the sites' terms and conditions and all policies, including (but not limited to) policies regarding, sales, returns, warranties, and privacy. You should assess such sites on your own to your satisfaction.

You are also encouraged to read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from the merchants. EmployeeBuy shall not be responsible for any misrepresentations; inaccuracies; offensive, infringing, libelous or illegal materials; product or service liability; lack of availability of other sites, products, services, promotions, or information; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. EmployeeBuy does not offer warranty on any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

These other sites are not under the control of EmployeeBuy and are not monitored or reviewed by EmployeeBuy. As such, EmployeeBuy is not aware of the contents of such sites; thus, EmployeeBuy does not endorse, sponsor or recommend these sites and makes no representations or warranties of any kind with regard to any sites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that EmployeeBuy cannot be held accountable for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. Some people may find that the information on these sites are inappropriate or offensive; some sites may contain information or material that is illegal or unreasonable. The inclusion of such a link or frame does not imply endorsement of that site by EmployeeBuy or its advertisers or licensors, or any association with its operators, and is only supplied for your convenience. Transferring to any service or site is at your own risk. You are purposely and willingly assuming all risks of using such sites to purchase products and services and of using the "coupons" and specials listed on this Site. You agree that EmployeeBuy and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them. You should review the terms of use of each website you visit.

You can contact such sites directly, your state Attorney General, or the Federal Trade Commission at www.ftc.gov, if you have a complaint with such sites.

PROPERTY RIGHTS
This Site is protected under U.S. copyright laws. Copyright ©2008 www.employeebuy.com. All rights reserved. All of our company names, service names and logos are owned by Ledgestone Associates, LLC.

The content on EmployeeBuy.com, including but not limited to, the text, scripts, graphics, photos, interactive features, software and the like, and the service marks and logos, and trademarks contained therein ("Site Content"), are either licensed to or owned by EmployeeBuy. Site Content is subject to patent, copyright, service mark, trademark, trade dress, and other property rights and protections under United States and foreign laws and international conventions.

COPYRIGHT POLICY
You can forward the following information to our Copyright Agent at copyright@EmployeeBuy.com if you believe in good faith that any Site Content has been copied in a way that constitutes copyright violation. Please include: your contact information (full name, email address, address, phone number); explanation of each copyrighted work that you claim has been infringed, including the precise location or the exact URL of the claimed infringement; your statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owners, that you have a good faith belief that there is a copyright infringement, in that the use is not authorized by the copyright owner, its agent, or the law, and that the information in your notice is accurate; and a signature (physical or electronic) of the person who is authorized to act on behalf of the owner of the copyright interest.

LICENSE TO USE THIS SITE
EmployeeBuy hereby provides you with a limited, non-transferrable license to use this Site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Site, only upon your agreement with this Agreement. You agree not to make any false or fraudulent claims in your effort to gain access to this Site. You understand and agree that all content and services available on this Site are property of EmployeeBuy and its advertisers and licensors, and are protected by moral rights, copyrights, service marks, trademarks, patents, and other proprietary rights and laws, in the U.S. All rights not explicitly granted herein are fully reserved by EmployeeBuy and its advertisers and licensors.

You agree not to store, save, copy, cut and paste, distribute, reproduce, transmit, sell, license, publish, publicly display, publicly perform, catalogue, aggregate, rent, lease, adapt, or create derivative works from materials, code or content on or from this Site. You agree not to create or compile, directly or indirectly, a collection, compilation, database or directory of the data or other content from this Site without written permission from EmployeeBuy, as it is strictly prohibited. Additionally, use of the content or materials for any purpose not explicitly permitted in this Agreement is prohibited.

You agree that upon registering as a member with EmployeeBuy, you will do your best efforts to keep your Username and Password confidential. You agree to notify EmployeeBuy immediately if you discover loss or access to such information by another party not under your control and supervision.

This Site is hosted and operated in the United States. Those who access or use the Site from other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. Please note that the personal information you submit to our Site will be transferred to and stored in the United States to be processed by us so we can provide this Site to you as set forth in this Agreement and our Privacy Policy. If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States. Please note that the level of legal protection provided in the United States or other non-European countries in which you may access our Site may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction.

This Site (excluding third party linked sites) is controlled by EmployeeBuy from its office within the State of New Jersey in the United States. EmployeeBuy makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

The Site can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Site and applicable law. While each of these places has laws that may differ from New Jersey, by accessing this Site, both you and EmployeeBuy agree that the statues and laws of New Jersey shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You and EmployeeBuy also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of New Jersey and any legal proceedings shall be conducted in English. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

CONTENT DISCLAIMER

All Site Content is provided on an "as is" basis without warranties of any kind, either express or implied. EmployeeBuy is not responsible for any redemptions, omissions, inaccuracies, miscalculations, expiration of online coupons, or errors in any of the Site Content, nor are we liable for your reliance on the Site Content, or any occurrences, results or outcomes relating to or arising from such reliance, whether or not such consequences were foreseeable. It is your responsibility to make sure that special pricing, special offers, or a discount is present in the checkout process at the applicable merchant website. All promotions and offers featured as a part of the Service are subject to change at any time without notice and we have no control over the legality of any coupons or the ability of any merchant to complete the sale in accordance with the offers. EmployeeBuy is not responsible for any representations, offers, warranties, events, statements, or advertisements made by any third party in Site Content. EmployeeBuy will not be liable for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the Service. All matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the vendor.

DISCLAIMER & LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. EMPLOYEEBUY AND ITS ADVERTISERS, VENDORS, LICENSORS, AND PRODUCT OR SERVICE PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION, CONTENT, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY PRODUCTS OR SERVICES RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EMPLOYEEBUY AND ITS ADVERTISERS, VENDORS, AND LICENSORS DO NOT GUARANTEE THAT THE CONTENT OR INFORMATION ON THIS SITE IS FREE OF ERRORS OR HARMFUL COMPONENTS, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

EMPLOYEEBUY AND ITS ADVERTISERS, VENDORS, LICENSORS, AND PRODUCT OR SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR WITH RESPECT TO THE RELIABILITY, CORRECTNESS, ACCURACY, OR COMPLETENESS OF ANY SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THE SITE OR THE SITE ITSELF. YOU AGREE THAT YOU HAVE RELIED ON ONLY THE STATEMENTS MADE IN THIS AGREEMENT, AND NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

EMPLOYEEBUY OR ITS ADVERTISERS, VENDORS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF THE USE OR RESULT FROM, OR INABILITY TO USE, THE SITE, THE INFORMATION RECEIVED OR CONTAINED ON OR THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY PRODUCTS OR SERVICES MADE AVAILBE VIA POSTING, TRANSMISSION, EMAIL, RECEPTION, OR OTHERWISE MADE AVAILABLE VIA THE SITE UNDER ANY CIRCUMSTANCE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON STRICT LIABILITY, TORT, NEGLIGENCE, CONTRACT, OR ANY OTHER BASIS, EVEN IF EMPLOYEEBUY OR ITS MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, VENDORS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EmployeeBuy, its advertisers, vendors, licensors, parents, affiliated companies, and their employees, independent contractors, members, directors, and agents from all liabilities, costs, expenses, losses, claims, damages, and obligations, including but not limited to attorney's fees, that relate to or arise from your access and use of this Site, or any information, products or services from this Site; your breach or violation of any of the terms of this Agreement or your warranties and representations; and your violation of the rights of any third party, including but not limited to any property, copyright, or privacy right. This indemnification and defense will survive your use of the Site. EmployeeBuy reserves the right to assume the exclusive control and defense of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such an event, you shall pay all costs and fees for and associated with such defense and shall provide us with such cooperation at no charge, as is reasonably requested by us to assert any available defenses.

EmployeeBuy may suspend or terminate this Agreement or a user's use immediately upon receipt of any notice which alleges that a user has used this Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the unauthorized use of information that may violate third party rights, posting of our information or content to other sites, violates hacking or other criminal regulations, etc. of its agents, directors, contractors or employees. In such an event, EmployeeBuy may disclose the user's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and EmployeeBuy shall not be liable for damages or results thereof and user agrees not to bring any action or claim against EmployeeBuy for such disclosure.

AGREEMENT
This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of EmployeeBuy. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

This Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you; however, they may be assigned by EmployeeBuy without restriction.

I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THIS AGREEMENT.