Pure Digital Technologies, Inc. Flip Video Spotlight Program Terms of Purchase

Effective as of March 23, 2008

Please review these policies carefully as they are the terms of sale that govern your purchases on flipvideospotlight.com under the Flip Video Spotlight Program (the “Spotlight Program”). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in Pure Digital’s product warranties. Your placement of an order at flipvideospotlight.com constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.

To learn about the return policy applicable to Spotlight Program purchases, please click here. Please note that there are significant limitations on your right to return and obtain a refund for products.

QUALIFIED PURCHASERS ONLY

Purchases under the Spotlight Program may be made only by entities that have been accepted by the Spotlight Program Administrator for participation in the Spotlight Program and who continue to satisfy the Program Requirements for Participation at the time of purchase. Camcorders purchased through the Spotlight Program are required to be used for purposes related to the central mission of the organization. They are not intended for personal or commercial use. Pure Digital reserves the right to charge organizations the full retail value of camcorders purchased by unauthorized purchasers or for unauthorized purposes.

PROOF OF PURCHASE

Pure Digital will send you a confirmation of your order via email if you have included an email address with your order. If you have not included an email address, you will receive a confirmation of your order in the package in which your order is shipped.

PAYMENT METHODS

You may pay by credit, debit, check card or check. Pure Digital accepts Visa, MasterCard, American Express, and Discover cards. Pure Digital is unable to accept credit, debit, or check cards issued by banks outside of the United States. Purchases from flipvideospotlight.com may be made only with United States billing addresses.

Please carefully read our policies with respect to payment methods before you place your order. Pure Digital will not bill your credit card or process a transaction under your debit or check card until your order ships. Pure Digital requires the credit, debit, or check card security code for your card for all purchases to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover).

If you pay by check, your order will not be shipped until Pure Digital has received payment from your bank. There will be a $25.00 charge for any check returned insufficient. An additional fee of $25.00 will be charged for any check returned on a second presentation. Pure Digital reserves the right to charge customers legal and finance fees associated with dishonored checks.

SALES TAX

Pure Digital is required to charge sales tax for Spotlight Program purchases made with shipping addresses in California, Georgia and North Carolina. Pure Digital also is required to charge sales tax for Spotlight Program purchases made with shipping addresses in the following states: Alabama, Colorado, Connecticut, Florida, Indiana, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Texas and Virginia, unless the purchaser provides valid proof of state tax-exempt status prior to completing a purchase. The organization name on each order must exactly match the state tax-exempt certificate submitted by the purchasing organization. Pure Digital will not charge sales tax for Spotlight Program purchases made with shipping addresses in states not listed above.

SHIPPING OPTIONS

Pure Digital offers free shipping for all purchases made under the Spotlight Program. Pure Digital will only ship Spotlight Kits within the United States. Pure Digital will elect, in its discretion, to ship through the United States Postal Service (the “Postal Service”) or United Parcel Service (”UPS”) or alternate shippers.

At the time of purchase, you will be presented with an estimate for the transit time for your purchase. Remember that these estimates are for time in transit only, and that they do not apply until the product leaves Pure Digital’s facilities. As the delivery of your order is beyond Pure Digital’s control once your order leaves Pure Digital’s facilities, Pure Digital cannot assume liability for late deliveries.

Pure Digital’s shipments contain valuable video camcorders. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to receive your package. Please note that Pure Digital is not able to adjust the shipping address once a package has left Pure Digital’s warehouse. Title and risk of loss to all products will pass to you on delivery.

The Postal Service and UPS generally will make multiple attempts to deliver a package. After these delivery attempts, the carrier will return the package to Pure Digital or hold them for pick-up at the Post Office or UPS facility, as the case may be. Occasionally packages are returned to Pure Digital as undeliverable. If your package is returned to Pure Digital, please contact Pure Digital to make arrangements for reshipment.

ORDER PROCESSING

The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Pure Digital does not begin payment processing until Pure Digital receives all the information that it needs and full credit card authorization. Pure Digital will not ship orders paid for by check until it has received payment from your bank. Please review the Product Availability section below for more information regarding order processing and product availability times.

PRICES

Your total order price will include the price of the product on the day of shipping. All orders for the Flip Video Spotlight Kit will include two Flip Video Ultra 60-minute camcorders unless otherwise stated on flipvideospotlight.com. Pure Digital reserves the right to change prices for products displayed at flipvideospotlight.com at any time and particularly to correct pricing errors that appear on the Site.

PRODUCT AVAILABILITY

Pure Digital makes every effort to ship your product according to the estimated lead times provided by www.flipvideospotlight.com at checkout. The estimated lead times are expressed in business days (Monday through Friday, excluding federal holidays) or weeks. Although Pure Digital makes every effort to ship your order according to the lead-time provided, shipping dates may change due to changes in supply.

RETURN POLICY - ALL SALES ARE FINAL

All purchases made through flipvideospotlight.com are final and products may not be returned except in accordance with the policy below that governs defective products.

DEFECTIVE PRODUCTS

If you discover what you believe is a product defect for any Pure Digital product, please email orders@flipvideospotlight.com. If your product does have a defect, your rights regarding your product are covered under the terms of your product’s warranty. Please refer to the warranty information and other supporting documentation that came with your product. (See the Product Warranty section below for specific information about Pure Digital’s product warranties.)

PRODUCT WARRANTY

All Pure Digital products carry a Limited Warranty against defects in materials and workmanship. You may review a copy of the Limited Warranty for each of our products, including the applicable limitations and exclusions, before you purchase, by clicking the appropriate link here.

By purchasing through the Spotlight Program, whether you place your order online or by telephone, you acknowledge that you have had an opportunity to review Pure Digital’s warranty terms, have done so to the degree you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers in them.

SOFTWARE LICENSE

Your use of the product software for Pure Digital video cameras is governed by the terms of the license in effect for the software at the time of use. You will be asked to agree to the terms of the applicable license at the time that you install the software. Be certain to read the license carefully before you agree to its terms.

OTHER TERMS AND CONDITIONS

Pure Digital is not responsible for typographical errors. Pure Digital reserves the right to cancel any order you have placed if there was a typographical error on flipvideospotlight.com concerning the pricing or availability of any item you ordered when you placed the order.
Pure Digital reserves the right to change these terms and conditions at any time by posting modified terms.
Pure Digital may make changes to any products or services offered at flipvideospotlight.com, or to the applicable prices for any such products or services, at any time, without notice. The information provided at flipvideospotlight.com with respect to products and services may be out of date, and Pure Digital makes no commitment to update the information provided at flipvideospotlight.com with respect to such products and services.
No Pure Digital employee or agent has the authority to vary any of flipvideospotlight.com’s policies or the terms and conditions governing any sale.
If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
Pure Digital’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Pure Digital of any provision or any right it has to enforce these policies, nor shall any course of conduct between Pure Digital and you or any other party be deemed to modify any provision of these policies.
These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.