Terms & Conditions

WELCOME TO REPLYBUY.COM! REPLYBUY.COM IS OWNED AND OPERATED BY REPLYBUY INC. ("WE"). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS ("TERMS") AND THE PRIVACY POLICY (INCORPORATED HEREIN BY REFERENCE) BEFORE USING THE SITE. BY USING OR VISITING THE SITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND THE TERMS AND CONDITIONS OF THE PRIVACY POLICY. IF YOU DISAGREE WITH THESE TERMS, DO NOT USE THE SITE.

A. TERMS OF USE

*** BY USING REPLYBUY, YOU AGREE TO NOT TEXT WHILE DRIVING ANY VEHICLE. ***

1. General

ReplyBuy.com (the "Site") provides an interactive buying experience on the Internet and through the use of SMS text messaging (the "Services"). STANDARD TEXT MESSAGING RATES APPLY. The Services communicate opportunities to purchase event tickets, products, services ("Offers") from ReplyBuy Inc or other third-party merchants, venues or businesses ("Providers").

We reserve the right to make changes to these terms periodically. Persons who visit or use the Site ("you" or "user") should visit this page from time to time to view any changes to these Terms. If we make changes to the Terms, we will make reasonable efforts to post the changes before they become effective and to specify the date they will become effective. But, if we don't specify a date, the changes are effective immediately. Your continued use of ReplyBuy means that you accept those changes.

2. Eligibility

You are not obligated to have an account in order to access the Site. However, some of the Services are only available to users that have a registered ReplyBuy account ("Registered Users"). Registered Users are responsible for protecting the confidentiality of their login and account information, password(s), personal identification number ("PIN") and other related information. Registered Users agree to promptly notify us of any unauthorized use of their confidential login and account information, password(s), personal identification number and other related information by emailing us at support[at]replybuy.com. In addition, Registered Users agree to exit from their account at the end of each session.

3. Registration

The Site is not available to minors under the age of 13 or to any visitor or user we have suspended or removed from ReplyBuy for any reason. Registered Users must be 18 years of age or older. Registered Users may not have more than one active account. Additionally, Registered Users are prohibited from selling, trading, or otherwise transferring accounts to another party. If you do not meet these qualifications, you may not use ReplyBuy.

4. Purchasing Using Text Messages & Electronic Communications

You agree to receive email communications and text messaging from an automated telephone dialing system for all of your transactions and communication with us. You agree that all purchase confirmations, postings, notices, disclosures, or other communications that we provide to you electronically or through a text message satisfy any legal requirements that such communications be in writing.

Except as otherwise provided in these Terms or required by law, we will provide any notices by posting them on the Site or provide them using the Services, and you agree that such posting will constitute effective notice. You authorize us to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if we decide, in our sole discretion, to do so.

5. Provider Offer Specifications; Pricing & Typographical Errors

We do not warrant that Offer specifications, pricing, or other content provided by ReplyBuy is complete, accurate, or error-free. In the unfortunate event that any error relates to the pricing or specifications of any Underlying Offer (as defined in the Terms of Sale below), we have the right to refuse or cancel any orders in our sole discretion. If we have charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.

6. Intellectual Property

The content related to the Site or Services, including without limitation, any text, software, graphics, photos, sounds, music, videos, interactive features and any trademarks, service marks and logos contained therein (collectively "Materials") are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

No Materials from ReplyBuy may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security related features of ReplyBuy or features that prevent or restrict use or copying of any Materials or content.

Modification of any Materials or use of any Materials is a violation of our copyrights and proprietary rights, or of other entities or persons where so indicated, unless we or the owner has provided said Material for such express purpose. All design rights, databases and compilation and other intellectual property rights associated with ReplyBuy, in each case whether registered or unregistered, and related goodwill, are proprietary to us.

7. User Submissions

ReplyBuy may now or in the future permit the submission of commentary, feedback or other communications or materials by Registered Users ("User Submissions"). However, we do not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes. You must not transmit any User Submissions to or through ReplyBuy that you consider to be confidential or proprietary, and any User Submissions (whether in chat rooms, discussion groups, message boards or otherwise) shall be deemed non-confidential. We do not control or endorse User Submissions, and, therefore, we specifically disclaim any liability relating to User Submissions, including any objectionable User Submissions. You are responsible and liable for your User Submissions and User Submissions made from your ReplyBuy account. You agree, represent and warrant that any User Submission is a) truthful, accurate, and not misleading, b) offered in good faith, and c) that you have the right to transmit such information.

Except as expressly provided in our Privacy Policy, you agree that by submitting User Submissions to ReplyBuy, including any concepts, know-how or ideas, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Submissions in connection with ReplyBuy and our (and our successor's) business, including without limitation for promoting and redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others.

You agree that we may (but are not obligated to) display your User Submissions with your purchase(s) and reward points, and your username or your actual name along with your purchase(s), reward points and User Submissions.

8. Privacy Policy

Use of the Site is also governed by our Privacy Policy, available at www.replybuy.com/privacy.

9. Links to Third Party Sites

ReplyBuy contains advertisements, offers, services and resources of third-parties ("Third-Party Content") that we do not control. Third-Party Content may not be wholly accurate. When you use ReplyBuy, you may notice links to third-party websites. You acknowledge and agree that we are not responsible or liable for the accuracy or availability of Third-Party Content or for any viruses or other damaging elements encountered in linking to Third-Party Content or websites. In addition, providing links to third-party websites should not be interpreted as our endorsement or approval of the organizations sponsoring such third-party websites or Third-Party Content. These Terms do not apply to any other websites. Our Privacy Policy is applicable only when you are using ReplyBuy.

10. Prohibited Conduct

You agree to be liable for any User Submission made using your user account and for any transactions associated with your user account. It is our goal to make ReplyBuy a fun and new experience for all of our users, so in using ReplyBuy, you agree not to do any of the following:

• Text and drive a vehicle;
• Post to ReplyBuy any User Submission whatsoever that is or could appear to be: untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
• Conduct or promote any illegal activities;
• Upload or distribute anything that may be harmful to minors;
• Attempt to reverse engineer or jeopardize the correct functioning of ReplyBuy, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies ReplyBuy;
• Attempt to gain access to secured portions of ReplyBuy to which you do not possess access rights;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use ReplyBuy to generate unsolicited email advertisements or spam;
• Use any automatic or manual process to search or harvest information from the ReplyBuy, or to interfere in any way with the proper functioning of ReplyBuy; or
• Impersonate another user.

11. Customer Service

For Customer Support, contact us any time at (480) 725-9355 or by email support@replybuy.com

• When you opt-in to the service, we will send you an SMS message via an automated telephone dialing system to confirm your signup. We may also send you periodic ticket offers and telemarketing offers via an automated telephone dialing system from time to time. Consent to future text messages is not a condition of purchase.
  
  
• You can cancel the SMS service at any time. Just reply "STOP" in the text message you received. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
  
  If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  
  
• If at any time you forget what keywords are supported, just reply "HELP" to the text message you received. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
  
  
• We are able to deliver messages to the following mobile phone carriers:
  
   Major US carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile, Cricket & Metro PCS.
  
  Minor US carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
  
  Canadian carriers: Bell (including NorthernTel, Solo Mobile, and Telebec), Fido, MTS, Rogers, SaskTel, Telus (including Koodo Mobile and Public Mobile), Videotron, Virgin Mobile, and Wind.
  
  
• Carriers are not liable for delayed or undelivered messages
  
  
• As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user's interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  
  For all questions about the services provided by this short code, you can send an email to support@replybuy.com.
  
  
• If you have any questions regarding privacy, please read our Privacy Policy.

19. Additional Terms

• Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
• No Assignment. These Terms (including terms incorporated into them) are personal to you and you may not transfer, assign or delegate them to anyone without our express written permission. Any attempt by you to assign, transfer or delegate these Terms without our express written permission will be null and void. We shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
• Jurisdiction; Choice of Law; Export Limitations. The Site and Services are controlled by us from our offices within the United States of America. If you choose to access the Site and Services from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws.
• Limitations on Actions. Any action concerning any dispute you may have with respect to the Site and Services must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
• Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
• Entire Agreement. These Terms (including terms incorporated into them) comprise the entire agreement (the "Entire Agreement") between you and ReplyBuy Inc with respect to the use of ReplyBuy and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
• No Waiver. The failure of ReplyBuy Inc. to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

B. TERMS OF SALE

An Offer provides an opportunity to purchase a product directly from a Provider (a "Promotional Item") or a ticket, product, or service redeemable through a Provider (a "Promotional Voucher") (collectively, "Underlying Products"). All purchased Promotional Items will be fulfilled by the Provider and all purchased Promotional Vouchers may be exchanged for items sold by the Provider.

1. General

ReplyBuy Inc. is not responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by a customer, caused in whole or in part by the Underlying Offer or for any unclaimed property liability arising from unredeemed or partially redeemed Promotional Voucher.

By responding to a given Offer, you agree to purchase the Underlying Offer based on the terms and conditions associated with the Offer and the terms and conditions stated herein. If the terms of an Offer are inconsistent with these Terms, the Offer's specific terms supersede any inconsistent terms in these Terms, except to the extent such terms are prohibited by applicable law.

In order to respond to an Offer or to purchase any Underlying Product, you must be a Registered User at ReplyBuy.com. ReplyBuy Inc. is the seller of the Underlying Offer and is responsible for fulfilling any Underlying Offer purchased according to the terms of the Offer.

2. How It Works

All Registered Users receive Offers in the form of a text message. If a Registered User wishes to purchase an Underlying Offer according to the terms of the Offer, the Registered User must reply to the text message Offer using the Registered User's PIN and the Keyword associated with the Offer. If the Offer is still valid and available the Registered User will then receive a reply text detailing the purchase confirmation and all other applicable details. If the Offer is no longer available or sold out, the Registered User will receive a reply text containing the applicable details.

3. Terms and Conditions: Promotional Offers, Returns & Refunds

• All Promotional Offer purchase amounts may be only applied to merchandise sold by Provider, and may not be applied to shipping or handling charges unless otherwise stated in the Offer or by the Provider.
• The issuing of Provider credit is at the sole discretion of the Provider unless otherwise required by law.
• Offer purchases cannot be combined with any other Offers, third party certificates or promotions unless otherwise specified by Provider.
• Reproduction, sale or trade of Promotional Items is prohibited unless done so in compliance with applicable law.
• Void to the extent where prohibited by law.
• All the terms included in an Offer are subject to change. We reserve the right to modify, suspend, or discontinue an Offer, at any time, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Offer. In the event an Offer includes an incorrect price or information due to typographical error, error in pricing or due to incorrect information received from the Providers, we shall have the right to decline or cancel any orders made pursuant to the incorrect terms, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge.
• For each Underlying Offer you purchase using ReplyBuy you agree to pay the price applicable and contained in the Offer as well as the applicable delivery fees for the Underlying Offer ("Delivery Fees"), and any applicable Taxes (as defined below). We will automatically bill your credit card as part of the order process and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on our income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Underlying Product purchase ("Taxes") not withheld by us. All payments are non-refundable.
• Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verification or information before accepting any order. Your order is not accepted until you physically receive or redeem your Underlying Offer. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
• Any delivery dates that we provide are estimates. We reserve the right to make deliveries in installments if necessary. We will send you an email when your order has a confirmed tracking number given by the Provider if applicable. Currently, we only ship in the United States.
• All Underlying Offer or Voucher purchases and transactions conducted through ReplyBuy are final unless otherwise explicitly stated in the Offer. Of course if something happens, please let us know by emailing us: support[at]replybuy.com or dialing customer service at 1(480) 725-9355. We will attempt to provide you the correct information for contacting the Offer Provider. Your correspondence or business dealings regarding Offers including delivery or fulfillment of related services or purhcases, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Provider of the Underlying Offer. You waive any claim against ReplyBuy Inc. and agree to hold ReplyBuy Inc. harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such Providers on ReplyBuy.
• We do not exchange any Underlying Offers for other Underlying Offers.
  

4. Terms and Conditions: Promotional Offers and Vouchers

• Offer details may be found by "clicking" a link provided at the bottom of each text message Offer which leads to and displays a WAP Mobile Page with additional specifications. STANDARD DATA RATES MAY APPLY.
• Promotional Offers or Promotional Vouchers cannot be used for taxes, tips or prior balances with Provider, unless permitted by the Provider.
• Use of a Promotional Offer or Promotional Voucher for alcoholic beverages is at the sole discretion of the Provider and is subject to compliance with applicable law.
• Promotional Offers or Promotional Vouchers cannot be combined with any other Promotional Offers or Voucher, third party certificates, coupons, or promotions, unless otherwise permitted or specified by Provider.
• The issuing of Provider credit is at the sole discretion of the Provider unless otherwise required by applicable law.
• Neither ReplyBuy Inc. nor the Provider is responsible for lost or stolen Promotional Offer or Promotional Voucher reference numbers.
• Reproduction, sale or trade of a Promotional Offer or Promotional Voucher is prohibited.
• Any attempted redemption of a Promotional Offer or Promotional Voucher that is not consistent with these Terms will render the Promotional Voucher void.
• For Restaurants: Valid only for dine in use unless otherwise stated by the in the Offer.
• Void to the extent where prohibited by law.
• If you redeem the Promotional Offer or Promotional Voucher for less than its face value, you will not be entitled to a credit or cash from the Provider unless required by applicable law. If so required by law, you will only be entitled to a credit or cash equal to the difference between the amount you paid for the Promotional Offer or Promotional Voucher (excluding any applicable Taxes and Delivery Fees) and the amount you redeemed.
• Different jurisdiction may have statutes that dictate how a Promotional Offer or Promotional Voucher may be redeemed for alcoholic beverages. For example, for customers purchasing Promotional Offers or Promotional Vouchers for restaurants in Ohio, the redemption of the Promotional Offer or Promotional Voucher may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming Promotional Offer or Promotional Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Promotional Offer or Promotional Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Promotional Offer or Promotional Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Provider. Our sole role in the transaction is as a marketing agent for the Provider. Thus, the applicability and compliance with any relevant statute or code is solely determined and consummated by the Provider, and we have no role and disclaim any role in such determination or action on the part of the Provider.

5. Additional Terms and Conditions.

All Offers shall be subject to the terms and conditions of the Offer, these Terms and any terms provided by the participating Provider. The Providers are the sellers of the Underlying Offers. The holder and issuer of an Underlying Offer is the Provider. As a holder and issuer of the Underlying Offer, the Provider shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Provider or the Underlying Offer, as well as for any unclaimed property liability arising from unredeemed Promotional Offers or Promotional Vouchers or portions thereof. You agree to waive, and release ReplyBuy Inc. and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of a Provider in connection with an Offer or the Underlying Offer and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Underlying Offer or any portion thereof. Promotional Offers or Promotional Vouchers are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally unless otherwise specified by the Provider.

According to applicable law, the Provider may be responsible for allowing you to redeem your Promotional Offer or Promotional Voucher for the purchase price based on the money you actually paid for the Promotional Voucher (i.e. if you paid $30 for a Promotional Offer or Promotional Voucher that gives you $65 of value to the Provider, the purchase price is $30, not $65), for a period of time that extends beyond the expiration date provided in Offer or with the Promotional Voucher (the "Expiration Date"). While the Expiration Date dictates the last date that you can redeem your Promotional Voucher at the Provider's desired location, applicable law may provide that the Provider is responsible for honoring the purchase price of your Promotional Offer or Promotional Voucher for a period of time beyond the Expiration Date. In other words, you should be allowed to redeem the purchase price of your Offer up until the greater of: (1) the Offer's expiration date; or (2) the minimum length of time allowed by applicable law for such Promotional Offer or Promotional Voucher to expire. In the event that you have an expired Promotional Offer or Promotional Voucher and would like to redeem it for the purchase price, please contact the Provider. Once again, the Provider should allow such redemption if applicable law requires it, and we have instructed the Provider to do so. If you have gone to the Provider and the Provider has refused to redeem the purchase price of your expired Promotional Offer or Promotional Voucher, and if applicable law entitles you to such redemption, then please contact us by email at support[at]replybuy.com provide a written explanation of your situation. If we determine that applicable law does in fact entitle you to redemption of the purchase price, we will refund the purchase price in either U.S. Dollars or reward points for purchases of future Underlying Products using ReplyBuy.

Where applicable, ReplyBuy may capture shipping or delivery information for the sole purpose of physically delivering products or services, purchased by the customer, to the physical address or location of the customer. In such cases, ReplyBuy may use Google Places or Google Maps API services in order to validate and/or expedite the capture of customer inputted address or location. By using such service, the customer is thereby also bound by Google's Terms of Service

Thank you for taking the time to read the Terms. ReplyBuy looks forward to providing these exciting new services to you.