Terms of Use

Welcome to Judy's Book! This agreement describes the legal framework in which you participate on Judy's Book, what your rights and responsibilities are and what you can expect from us, and outlines our privacy policy.

Eligibility

Use of and membership of Judy's Book is void where prohibited. By using Judy's Book, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Judy's Book does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 13 years of age.

You are solely responsible for your interactions with other Judy's Book members. Judy's Book reserves the right, but has no obligation, to monitor disputes between you and other members.

You agree to comply with our site rules, including, specifically, the Judy's Book Privacy Policy, which are incorporated into this agreement, and with all laws and regulations applicable to your access and use of Judy's Book and publishing your Content. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access Judy's Book or collect information from it.

Content

Please choose carefully the information you post on Judy's Book and that you provide to other users. Your Judy's Book profile may not include the following items: telephone numbers, street addresses, photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Judy's Book Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Judy's Book assumes no responsibility or liability for this material. If you become aware of misuse of the Judy's Book site by any person, please contact Judy's Book at info@judysbookteam.com.

Judy's Book may delete any content that in the sole judgment of Judy's Book violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Judy's Book assumes no responsibility for monitoring the Judy's Book site for inappropriate content or conduct. If at any time Judy's Book chooses, in its sole discretion, to monitor the Judy's Book site, Judy's Book nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

You are solely responsible for the content that you post on or through the Judy's Book site, any material or information that you transmit to other members, and for your interactions with other users. Judy's Book does not endorse and has no control over the content. Content is not necessarily reviewed by Judy's Book prior to posting and does not necessarily reflect the opinions or policies of Judy's Book. Judy's Book makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.

You retain all ownership rights to content you publish on Judy's Book (your "Content"). However, you grant Judy's Book a nonexclusive, royalty-free, perpetual, irrevocable, and assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant Judy's Book and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose. We can publish all or teaser portions of your Content online and offline and permit others to do the same. We ask that you refer or provide links to Judy's Book if you choose to republish your Content elsewhere and that you do not publish the same items of Content on both Judy's Book and other product or service review or recommendation sites.

If you believe content on Judy's Book infringes your copyright or other intellectual property rights, or is defamatory, you can contact our agent for service of notice at Judy's Book, Inc., P.O. Box 95137, Seattle WA 98145-2137. Please make sure your notice meets the Digital Millennium Copyright Act requirements.

Judy's Book Earnings

As a User of Judy's Book, you have the ability to earn money which is separate and apart from, and in addition to, any other discounts available through Judy's Book. ("Judy's Book Earnings"). This section identifies the manner in which you may earn Judy's Book Earnings, when you will be paid, what rights you have as a User to the Judy's Book earnings you have accrued, and Judy's Book's rights and responsibilities with respect to the Judy's Book Earnings program.

1. Overview. Users can earn commissions when the user or other visitors shop through any merchant supported links and make a purchase. The Program is free to Users, and is conferred as a benefit of registration with Judy's Book. You are under no obligation to participate or redeem your Judy's Book Earnings.

As a User, Judy's Book Earnings are automatically earned when you or another user makes a qualifying online purchase from a merchant participating in the Program. Not all merchants listed on our Stores page participate in the Program.

2. Eligibility. The Program is offered for purchases made through links on the Judy's Book website. You must have Internet access and a valid working e-mail address to receive the privileges of the Program. Further, participation in the Program is limited to individuals that are 18 years of age or older.

Determination of whether or not a purchase made through a Participating Merchant is at the discretion of Judy's Book and the Participating Merchant. Judy's Book is not responsible for tracking problems resulting from incorrect usage of the Judy's Book site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.

Upon registration of your user name with Judy's Book, an account will be set up in your name for all Judy's Book commissions you earn. The appropriate Judy's Book earnings will be posted to your account as "Reported" within thirty (30) days of the date on which a Participating Merchant reports a transaction to Judy's Book. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will refer to the Judy's Book earnings as "Pending." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return purposes. Once the participating merchant authorizes the payment of Judy's Book's commission in connection with a qualifying purchase made, we will credit your account with the applicable Judy's Book earnings. You can view your balance and history by clicking My Deals in the upper right corner of any page and then on the Earnings link.

4. Process for payment of Judy's Book Earnings. Judy's Book members will receive a standard check for any earnings designated as "available" over $5.00. Judy's Book will send checks on a monthly basis and amounts less than $5.00 will remain in your earnings account until you accrue the minimum $5.00 or you request payment from us by sending an email to dealinfo@judysbookteam.com. The Judy's Book earnings will be distributed by check on the 15th of each month and will include all earnings up to the last day of the previous month. Standard checks will be sent to the address provided upon sign up. If an address is not provided, Judy's Book will send an email requesting this information. It is the member's responsibility to make sure that Judy's Book has updated information. Judy's Book is not responsible for lost mail or any other event beyond the control of Judy's Book that would prevent a user from receiving their payment. After 90 days, any earnings checks that have not been cashed may become void. Judy's Book employees are not eligible to receive earnings through Judy's Book.

5. Account Adjustments. Judy's Book earnings awarded to you are subject to adjustments for returns and cancellations based on Judy's Book's receipt of information and payments on such purchases/orders from Participating Merchants, and other events. Judy's Book reserves the right to make adjustments to User's accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, contact Judy's Book at dealinfo@judysbookteam.com.

Judy's Book is not responsible for changes to, or discontinuance of, any Participating Merchant, or any Participating Merchant's withdrawal from the Program, or for any effect on accrual of Judy's Book earnings caused by such changes, discontinuance or withdrawal.

Judy's Book will flag accounts that carry a negative balance and future payments will not be sent to this member or any other member associated with the address on the account until the balance is positive, funds are over $5 and designated as "available".

6. Termination of Program. Judy's Book reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your Judy's Book earnings from the date notice is transmitted by Judy's Book to the email address specified in your account. Notification will be sent to the email address provided to Judy's Book during the registration process. Judy's Book will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform Judy's Book of a change in your email address.

7. Member Responsibilities. You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. Judy's Book is entitled to act on instructions received under your username and password. Judy's Book is not responsible for any credits or debits made to your account by someone else who uses your username or password. Judy's Book will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all Judy's Book earnings have been properly credited to your account. If a discrepancy occurs in your Judy's Book earnings account, such as a rebate not being credited to the account, then you must contact Judy's Book via our customer support link on the Site, within sixty (60) days of the purchase/order date from a Participating Merchant. If you fail to contact Judy's Book within that sixty (60) day period , such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.

8. General.

(a) Participation in the Program is personal to you. Judy's Book earnings received under the Program may not be assigned or transferred to any third party, except as expressly permitted by Judy's Book, in writing. The sale, transfer, lending, exchange, pooling or barter of any Judy's Book earnings, other than by Judy's Book, is expressly prohibited. Any Judy's Book earnings assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.

(b) Judy's Book will use information collected from you as set forth in our Privacy Policy. You are encouraged to read our Privacy Policy to understand our information collection and use practices.

(d) Judy's Book earnings have no cash value until such time as you receive a payment in accordance with Section 4, herein above, and you shall have no property rights or other legal interest in Judy's Book earnings.

Termination

You can cancel your account at any time by contacting Judy's Book customer service. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Judy's Book may choose to assume that you intended to terminate your account if you do not access it for more than three months. Following termination of your account for any reason (including inactivity), at their sole option, Judy's Book and its licensees may continue or stop publicly displaying some or all of your Content.

Prohibited Activity

The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Judy's Book site. Judy's Book reserves the right to investigate and take appropriate legal action against anyone who, in Judy's Book's sole discretion, violates this provision, including without limitation, removing the offending communication from the Judy's Book site and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Judy's Book:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent such as advertising, or pyramid schemes;
links to another deal or affiliate website;
includes a photograph of another person that you have posted without that person's consent; or
uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

Liability Limits

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF JUDY'S BOOK, OUR SERVICES OR THIS AGREEMENT. IN ANY EVENT, BY ACCEPTING THE JUDY'S BOOK TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $500. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD JUDY'S BOOK LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF JUDY'S BOOK.

Governing Law / Arbitration

This agreement is governed by Washington law as such laws apply to agreements entered into and to be performed entirely within Washington between Washington residents. Any claim arising out of or relating to this agreement or Judy's Book shall be settled by binding arbitration in King County, WA in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Washington law. However, (a) each of us may seek interim relief from a King County, WA court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Integration

This agreement and our privacy policy (which is part of this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement either by emailing you about the amended terms, which take effect when we send you the email, or by displaying amended terms to you when you log in to Judy's Book, which take effect when we post them. Otherwise, this agreement may be amended only by a writing physically signed by both us and you.

General

JUDY'S BOOK AND ITS SERVICES ARE PROVIDED "AS IS." We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Judy's Book. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.

Privacy Policy

Judy's Book is committed to protecting the privacy of our users. This privacy policy explains when and how personal information is collected, used, disclosed and protected with respect to our web site located at www.judysbook.com (the "Site"). By using the Site, you consent to the privacy practices described in this Policy, as modified from time to time by us. Please carefully review this policy so you understand our data privacy practices.

What is Personal Information?

Personal information is information that specifically identifies an individual such as a name, address, telephone number, e-mail address, or other account number, and information about that individual's activities when directly linked to that person such as information about his or her use of the Site. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you. Personal information does not include "aggregate" information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users' needs so that we can better consider new features or otherwise tailor our Site.

Personal Information We Collect

We collect personal information in a number of ways when you visit our web site. For example, we collect personal information when you: (1) register and set up an account; (2) sign up for any of our e-mail newsletters; (3) post a review; (4) contact us by e-mail for any reason or (5) Make a transaction through our site. When you visit our web site, some information is also automatically collected, such as your computer's Internet Protocol (IP) address, your computer's operating system, the browser type, the address of a referring web site, and the time and date of your visit and purchases. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.

How We Use Personal Information.

In general, we use personal information to process your requests and provide you with service, ensure you receive any cash back or commissions that you are owed or to inform you about other products or services we think will be of interest. When we use personal information in our marketing efforts, we provide you with options (See Control of Personal Information below) and do not disclose the information to third parties except as described in this Policy. Personal information provided online may be linked together or merged with other personal information so that we may better understand your needs and inform you about our products or services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you. In either case, this Policy governs this information.

Content and Ratings

You can publish reviews, deals, comments and other content. Members can choose to rate products, services or other reviews, and to connect to other members. As an unregistered visitor, we may allow you to rate products and/or reviews.

Your reviews and deals are displayed publicly. Your member name is automatically displayed with reviews, deals and comments you publish, and if other members choose to, they can receive email notifications of your publications or publish their own comments to your reviews.

You may also elect to participate in special programs such as City Editor or Deal editor. Should you elect to participate, we may contact you or disclose data about you and your activities in ways not described in this statement.

We, and our licensees, can republish your content as described in the Judy's Book terms of use. We publish review and deal content and use them to develop aggregate ratings, personalize site views and merchandise reviews and deals. We use your reviews and deals to personalize the site and identify/feature popular members. For example, we may promote most popular reviews, deals and members. While we don't expect to transfer the complete review, deal and member database to others (except as contemplated elsewhere in this statement), we use the database throughout our networks and to generate results for others.

Email Tools

If you send emails through our site, your email will include your email address and any personal message you include. However, these emails aren't private communications. We do not retain, in any easily-retrievable way, the addresses you are emailing. You may not use these tools to send spam or content that violates the user agreement.

Communicating with Other Users

You may not harvest personal data (including email addresses) from the site, and specifically you may not use email addresses displayed on the site to ask users to join or contribute to your services.

Security

We have put into place reasonable security measures in an effort to protect personal information while it is under our control. All personal information relating to our users is stored in a secure environment separate from our web site. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.

Control of Personal Information

We give you the opportunity to opt-out of receiving communications from us and to view, correct or delete your personal information.

If you do not want to receive e-mail from us, you can; (a) click on "Privacy" and alter your preferences accordingly; or (b) follow the opt-out instructions at the bottom of any email you receive from us.
If you want to view, correct or delete your personal information, you can access your information online by clicking the "Profile" link.
For other requests or to contact us directly, see Comments or Concerns below.

Sharing of Personal Information

We do not sell, rent or share personal information with third parties without your prior consent except in the limited circumstances described in this Policy. We may share personal information with third-party vendors who assist us in performing functions necessary to operate our business. These functions may include, without limitation, Website hosting, credit card transaction processing and data entry. We limit the information shared with our third-party vendors to that which we believe is necessary to carry out those functions. Moreover, we require them to comply with our privacy practices, and not to use the information for other purposes except as required by law. We are not responsible for any failure on their part to comply with our privacy practices, nor are we responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.

In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of Judy's Book, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition. Please keep in mind that if you directly disclose personal information when posting reviews or other content to the Site, this information may be collected and used by others. You agree that we shall bear no responsibility for any such disclosures. We recommend you be cautious in giving out personal information to others in public online forums.

Cookies, IP Addresses and URLs

Automatically Collected Information: We automatically receive certain types of information whenever you interact with us. For example, when you visit the Site, we automatically collect your IP address and the type of browser you use. Information may be automatically collected through the use of "cookies" which are discussed in more detail below. We also collect various types of "clickstream" information which is information about your browsing behavior, such as IP address information, entry and exit points for the Site, search terms, Web site addresses you visit, page views, and impressions.
Cookies: Cookies are small text files placed on your hard drive by a web site when you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the site, the site knows who you are and can personalize your visit. In general, we use cookies to collect information so that we can determine how to improve our sites by seeing which areas and features are most popular; to personalize the site, to improve the site experience and to complete transactions you have requested. Most browsers automatically accept cookies as the default setting. You can modify the setting to reject cookies or to prompt you before accepting a cookie from the sites you visit by editing browser options. If you decide not to accept our cookies, you will still be able to access those parts of our site available to the general public but you may not be able to use some of the site's features or services and you may have a less satisfactory experience.

Use of our Web Site by Children

We encourage parents to take an active interest in their children's use of the Internet. We do not intend to collect information from children who are under 13 years of age. If you are under 13 you should not provide information on our web site.

Links to Other Web Sites

Our web site contains links to other web sites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. Except as described above, we are not responsible for the content or privacy and security practices and policies of web sites to which we link. Links from our web site to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

Your Comments or Concerns

We welcome your feedback. If you have any comments or concerns about this privacy policy or would like to contact us for any reason, you may reach us at info@judysbookteam.com, or by mail at Judy's Book, Inc., P.O. Box 95137, Seattle, WA 98145-2137.

Data Changes

If you terminate your account or delete/change your data or content, we usually update our live databases immediately. However, some data may update more slowly, and some old data may remain in our archives and records. Also, we may be unable to propagate changes to partners who receive your data or content. If your account is being terminated or suspended, we may maintain some data to prevent re-registration.

Policy Changes

We reserve the right to change this Policy at any time. We may use personal information for new, unanticipated uses not previously disclosed in this privacy policy. If our privacy practices change we will post the policy changes to our web site and notify you by indicating the date the privacy policy was last updated. We will also provide you with the ability to opt out of these new uses. We encourage you to check back at our web site periodically if you are concerned about how your information is used.

Last Updated: February 2007