BuyShield site and warranty services are provided to you subject to the following notices, terms, limitations, and conditions. In addition, when you use any BuyShield service, you will be subject to the rules, guidelines, policies, terms, limitations, and conditions applicable to such service. BuyShield reserves the right to modify these notices, terms, limitations, and conditions from time to time. Your use of the BuyShield site constitutes your agreement to all such terms, conditions, limitations, and notices.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of BuyShield or its content suppliers and protected by US and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of BuyShield and protected by US and international copyright laws. All software used on this site is the property of BuyShield or its software suppliers and protected by US and international copyright and other laws. The content and software on this site may be used as a selling and selling management resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
BuyShield name, logo, and quote widget are trademarks of Auctiva, Inc., in the United States and other countries. BuyShield's trademarks may not be used in connection with any product or service that is not BuyShield's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BuyShield. Other trademarks and trade names belong to their respective owners.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by BuyShield. BuyShield reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if BuyShield believes that customer conduct violates applicable law or is harmful to the interests of BuyShield.
BuyShield respects the intellectual property of others. Copyright infringement will not be tolerated.
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our "Notice and Procedure for making claims of copyright infringement" below.
THIS SITE IS PROVIDED BY BUYSHIELD ON AN "AS IS" BASIS. BUYSHIELD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUYSHIELD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYSHIELD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
This site is created and controlled by BuyShield in the State of California, USA. As such, the laws of the State of California will govern the use of this site and these disclaimers, terms, limitations, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, limitations, and conditions at any time.
Links to Third Party sites
The BuyShield web site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BuyShield and BuyShield is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
No unlawful or prohibited use
As a condition of your use of the BuyShield, you warrant to BuyShield that you will not use BuyShield, or the BuyShield quote widget, for any purpose that is unlawful or prohibited by these terms, conditions, limitations, and notices. You may not use the BuyShield quote widget in any manner that could damage, disable, overburden, or impair BuyShield. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BuyShield. BuyShield reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at BuyShield's sole discretion.
Software available on the BuyShield or affiliated web site
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BuyShield's agent the written information specified below. Please note that this procedure is exclusively for notifying BuyShield that your copyrighted material has been infringed upon. Contact us at copyright@BuyShield.com.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the exact URL and location on the given page;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Seller Specific Terms
- You, the Auctiva Seller (herein "You" or "Your"), authorize BuyShield to post the BuyShield Warranty Widget (herein "Widget") to Your qualified auctions and agree, where appropriate, to notify eBay that BuyShield is authorized to obtain Your listing information and to post the Widget.
- You further agree that BuyShield is permitted to email Your customers to provide Service Contract and customer service related information, unless You, or a customer specifically opt-out of such email. Customer opt-outs are included at the bottom of each email, and You can opt-out on the Care Plus Agreement on the Seller Services Sections of our website.
- BuyShield will only use customer information provided by You for the sale of Service Contracts.
- You agree not to:
- Accept any money in payment for the Service Contracts;
- Make any representation about the Service Contracts not approved in writing by BuyShield;
- Misrepresent the condition or type of a product; and
- Make any representation as to the eligibility of a particular product ("Eligible Products") for a Service Contract.
- BuyShield agrees to offer Service Contracts to Your customers for eligible products by posting Widgets on your listings.
- You will be paid ten percent (10%) of the net revenue ("Revenue Share") BuyShield realizes for each valid Service Contract sold that originates from your copy of the Widget. You may be eligible for additional or extra payments from time to time, and agree to abide by all conditions in order to receive these payments. Payments of Revenue Share to You will be made through a payment mechanism of BuyShield’s choice in a time and manner which is at the sole discretion of BuyShield. You are required to:
- Meet all conditions for payment;
- Provide and maintain accurate contact and payment information associated with Your PayPal account;
- Provide a valid U.S. tax identification number and a fully completed W-9 once payments to You have reached $600; and
- Pay all applicable taxes or charges imposed by any government entity in connection with payments under Care Plus Program.
- Payments will be calculated solely based on records maintained by BuyShield.
- You agree to indemnify and hold BuyShield harmless from any and all third party claims, actions, demands or liabilities (including, but not limited to reasonable attorney's fees and other legal costs) of any type to the extent arising out of or resulting from (a) any misrepresentation of the products or their eligibility offered on Your website; (b) any misrepresentation of the Service Contracts or Care Plus by You or on Your website; and (c) failure to comply with any and all applicable laws, rules regulations, and ordinances with respect to the sale of Service Contracts and consumer electronics.
- Either party may terminate this Agreement immediately at any time with written notice to the other party. Upon termination, BuyShield shall continue to pay You until all outstanding Service Contracts have been completed or terminated by Your customers.