Terms and Conditions
Last Updated 12/07/2022
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
1. Agreement to Terms
1.1 These “Terms and Conditions”, together with our Privacy Notice, found at https://legal.bonusbucks.co/privacy-policy/ which is expressly incorporated by reference to the Terms and Conditions, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Aragon Advertising, doing business as Bonus Bucks, located at 66 Mineola Avenue #1355, Roslyn Heights, NY 11577, United States (“we”, “us”, or “the Company”).
These Terms and Conditions describe the terms under which you can access, register, access, and use the Bonus Bucks website (https:///www.bonusbucks.co) (the “Site”) as well as any related applications content, functionality, and Services offered on or through the Site as a Registered User.
Please read the Terms and Conditions and the Privacy Notice https://legal.bonusbucks.co/privacy-policy/ carefully before you start to use the Site, as they are legal agreements between you and us. We are only willing to make to Site available to you if you accept and abide by the terms of both these Terms and Conditions and the Privacy Notice.
By clicking the “I consent” button, you accept and agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions, including disclaimers of warranties, mandatory arbitration, class action waiver, damage and remedy exclusions and limitations, and choice of New York law, as well as to our Privacy Notice. https://legal.bonusbucks.co/privacy-policy/
If you do not agree with all of these Terms and Conditions or the Privacy Notice, you must not access or use the Site and Services and must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The Site provides the following services (“Services”): we offer Registered Users (as defined below) the opportunity to answer survey questions and to complete deals (“Deals”) which are provided by third parties (“Third Parties Advertisers”) in return for rewards (“Rewards”) which are provided by us. Please refer to Section 6 of these Terms and Conditions for more information on Deals and to Section 7 of these Terms and Conditions for more information on Rewards.
1.3 You must be a Registered User to access the Site, to use the Services, access Deals and receive Rewards. A “Registered User” is a user who has accurately and truthfully registered to the Site as detailed by Section 3 of these Terms and Conditions.
1.4 This Site is offered and made available only to users who are 18 years or age or older and reside in the United States or any of its territories or possessions (“Eligible Users”).
1.5 We make no claim that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By registering to become a Registered User, you represent and warrant that you are an Eligible User with the legal capacity to form a binding contract with us. If you do not meet all of these requirements, you must not access the Site and you must not register to become a Registered User.
1.6 Our site is directed to people residing in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.7 We may make changes to these Terms and Conditions from time to time at our sole discretion. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is posted on the Site. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Each time we update these Terms and Conditions, you will be required to affirmatively accept the updated Terms and Conditions. If you fail to do so, you will no longer be able to access the Site and use the Services.
1.8 We may update or change the Site from time to time to reflect changes to the Services, our products, our users’ needs and/or our business priorities.
2. Acceptable use
2.1 You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. Your right to use the Site and the Services is not transferrable. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site, including the Deals.
2.2 As a user of the Site, you agree not to falsely imply a relationship with us or another company with whom you do have a relationship.
2.3 You further agree that your use of the Site and the Services will not be deceptive, fraudulent, or unlawful, as determined in our sole and absolute discretion.
2.4 You further agree not to use the Site:
2.4.1 In any way that violates any applicable federal, state, local or international law or regulation;
2.4.2 To impersonate or attempt to impersonate another user or any other person or entity, including, but not limited to, the Company, the Company’s employees, agents or associates, including, without limitation, by using email addresses associated with any of the foregoing or maintaining or using a false identity;
2.4.3 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or which, as determined by us in our sole and absolute discretion, may harm us, the Third Party Advertisers, any other third party, including the users of the Site, or expose them to liability; and
2.4.4 To violate any rights of any third party, including, but not limited to intellectual property right and right of publicity.
2.5 Additionally, you agree not to:
2.5.1 Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
2.5.2 Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copyright any of the material on the Site;
2.5.3 Use any manual process to monitor or copy any of the material on the Site, or to any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent;
2.5.4 Use any device, software, or process that interferes with the proper working of the Site;
2.5.5 Use any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, or other material that is malicious or technologically harmful;
2.5.6 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
2.5.7 Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
2.5.8 Otherwise attempt to interfere with the proper working of the Site.
3. Registration Requirements and Account Security
3.1 Only Eligible Users can become Registered Users.
3.2 You can choose to become a Registered User by providing us information to register your account. You must become a Registered User to be able to use the Services. There is not fee to become a Registered User.
3.3 All Eligible Users are only allowed to have one registered account. Multiple registered accounts for any person or mailing address are subject to termination and forfeiture of all Deals and Rewards.
3.4 To become a Registered User, you will be asked to provide certain registration details or other information, which includes your full legal name, your date of birth, the address of your primary residence, your phone number, and your functioning email address. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any of the interactive features on the Site, is governed by our Privacy Notice https://legal.bonusbucks.co/privacy-policy/ and you consent to all actions we take with respect to your information, consistent with our Privacy Notice.
3.5 When registering to become a Registered User, you represent and warrant that: (a) you are an Eligible User, as defined by Section 1.4 of these Terms and Conditions; (b) all registration information you submit will be true, accurate, current and complete and relate to you and not to a third party; (c) you will maintain the accuracy of such information and promptly update such information as necessary; (d) you will keep your password secure and will be responsible for all use of your password and account; and (e) you have the legal capacity and you agree to comply with these Terms and Conditions. If you know of suspect that anyone other than you knows your user information (such as an identification code or username) and/or your password, you must promptly notify us at firstname.lastname@example.org.
3.6 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such username is inappropriate.
3.7 You understand and agree that you have no ownership rights in the Site, the Content, the account you have with us, or in your Log-In Information (as defined in Section 3.10).
3.8 We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, and to restrict, block, limit and prevent our access to the Site and to the Services, at any time and in our sole discretion, for any or no reason, including if, in our opinion, you have violated any terms of these Terms and Conditions. We assume no liability for any information deleted from the Site and reserve the right to restrict permanently or temporarily your access to the Site.
3.9 We have the right to take appropriate action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information, including personal information, of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3.10 If you choose, or are provided with, a username, password, or any other piece of information when registering to the Site (“Log-In Information”), you must treat such Log-In Information as confidential, and you must not disclose it to any other person or entity, nor otherwise assist any third party in gaining access to the Site. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of the Site using Log-In Information. You are responsible for the security of your Log-In Information, computer, device, and software environment which you use to access the Site. You agree to notify us immediately of any unauthorized access to or use of your Log-In Information or any other breach of security. Failure to promptly notify us may be grounds for immediate termination of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.11 You will not allow any third party to access the Site using your Log-In Information.
3.12 All information collected on the Site is subject to our Privacy Notice https://legal.bonusbucks.co/privacy-policy/. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
4. Our content
4.1 Unless otherwise indicated, the Site and the Services, including source code, databases, functionality, software, website designs, audio, text, photographs, and graphics on the Site (the “Content”) are owned by us or licensed to us, and are protected by United States and international copyright, trademark, patent, trade secrets, right of publicity, and other intellectual or proprietary rights laws. You acknowledge that the Site may contain trade secrets, copyrighted works, and other proprietary materials belonging to us or to third parties, including, but not limited to, Third Parties Advertisers.
You agree not to make any unauthorized use of the Site or any of its art, design or any other content, including the Content, or to decompile, reverse engineer, or in any other manner disassemble or modify the Site or any of the supporting technology of the Site. The trademarks and logos displayed on the Site our property or the property of third parties and cannot be used without our written permission or the written permission of the third party owning the trademarks or logos.
4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or the Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without our prior express written permission. These Terms and Conditions permit you to use the Site and the Services for your personal, non-commercial use only. You must not distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, expect as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
4.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to print or download one copy of any reasonable portion of the Content for which you have properly gained access solely for your personal, non-commercial use and not for further reproduction, publication, or distribution. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use our name, the name of the Site, its icons, site address, or other means to hyperlink other Internet sites with any page in the Site, and we assume no responsibility for any other party’s website hyperlinked to the Site or to which any part of the Site has been hyperlinked. You will not allow others to download the Content from the Site, nor will you transfer to third parties any physical or electronic copies of any Content you have downloaded from the Site.
4.4 No right, title, or interest in or to the Site or any Content or other content published on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
4.5 You shall not (a) try to gain unauthorized access to the Site or any networks, servers, or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or the Content, including the modification of the paper or digital copies you may have downloaded.
4.6. We shall (a) prepare the Site and the Content with reasonable skill and care; and (b) use industry standards virus detection software to try to block the uploading of content to the Site that contains viruses.
4.7 The Content and other content published on the Site (“Information”) is provided for general information only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Information is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of the Site.
4.8 Although we make reasonable efforts to update the Information, we make no representations, warranties or guarantees, whether express or implied, that our Content on the Site is accurate, complete, or up to date.
5. Link to third party content and to the Site
5.1 The Site may contain links to websites or applications operated by third parties, including, but not limited to, Third party Advertisers (“External Sites”) It may be necessary that you download Third Parties Advertisers applications (“Third Party Applications”) to be able to receive Rewards. If doing so, you agree to be bound by the end user license agreement for such Third Party Applications and you acknowledge that we do not have any influence or control over any such External Sites, Third Party Applications, or their third-party operator. We have no control over the content of External Sites or the Third Party Applications and we are not responsible for and do not endorse any third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any External Sites or any Third Party Applications or their availability or content and therefore we make no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legibility, nature, availability, or reliability of the External Sites or the Third Party Applications. These Terms and Conditions do not govern access and use of these External Sites or those Third Party Applications. We encourage you to review the External Sites and the Third Party Applications’ own terms and conditions, including their own privacy notices, before accessing and/or using them.
ACCESS AND USE OF THE EXTERNAL SITES AND OF THE THIRD PARTY APPLICATIONS, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS AND SERVICES PUBLISHED OR MADE AVAILABLE ON THESE EXTERNAL SITES OR THIRD PARTY APPLICATIONS IS SOLELY AT YOUR OWN RISK.
5.2. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them you should contact the advertiser.
5.3 Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Company. No information or statements contained on this server shall be used for the purposes of advertising, or to imply an endorsement or recommendation.
5.4 With respect to documents available from this server, neither Company nor any of its employees make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Company nor any of its employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
5.5 The inclusion on the Site of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by us.
5.6 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
6.1 We will match you with the Deals available at the time. The Deals are accessible through the Site.
6.2. To complete a Deal, you will have to first answer several survey questions. These survey questions may be general or may be based on the information you provided us when becoming a Registered User.
6.3. After you have answered these survey questions, we will present you with offers of Deals from Third Party Advertisers. Such Deals may include, without limitations, mobile applications, games, subscription products and services. You will have to complete specific steps to complete a Deal, which will be indicated to you before you click on any Deal. Some Deals may require you to install an application to complete the Deal. Some Deals may require you to pay for products and services rendered to complete the Deal. You are solely responsible for any charges or fees incurred by you to complete any Deal.
6.4 Once you have completed several Deals, you may be asked to answer more survey questions and complete more Deals to receive your Reward. The number of Deals you need to complete to receive a Reward may vary depending on which Deals you chose to complete. We will track your progress toward the Reward in real-time so you can see your progress. You are solely responsible for any charges or fees incurred by you to complete these additional Deals.
6.5. While we are not responsible for the Deals, which are provided by Third-Party Advertisers, if you have any issues about the Deals, you may submit a support request at email@example.com and we will endeavor to investigate the issue you report to us.
7.1 Only Registered Users may receive Rewards.
7.2 Rewards may be either sent to you by us or may be sent to you by a third-party handling gift card fulfillment on our behalf.
7.2. You will receive a Reward, as a Registered User, when you complete enough Deals to unlock your Rewards. You can complete as many Deals as you like.
7.3 Whether you receive a Reward or not is entirely determined by your actions, that is, answering the survey questions, completing the Deals, and is not determined by chance in any ways whatsoever.
7.4 You are solely responsible for assessing if Rewards must be reported to in your jurisdiction as reportable taxable earnings. You are responsible for all tax liability arising from or associated with your use of the Site and/or the Services.
7.5. If you experience any issues when using the Rewards, you may submit a support request at firstname.lastname@example.org. While we do not issue the gift cards which are the Rewards, we will endeavor to investigate any difficulty you may have when using the gift cards given to you by us as a Reward.
8. Site management
8.1. We reserve the right, at our sole discretion , to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
8.2. We do not guarantee that the Site will be secure or free from bugs and viruses.
8.3 You are responsible for configuring your information technology, computer programs and platforms to access the Site and you should use your own virus protection software.
9. Modifications to and availability of the Site
9.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
9.2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience cause by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
10. Disclaimer/Limitation of Liability
10. 1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk.
We make no warranties or representations about the accuracy or completeness of the Site’s content and we are not liable for any (1) errors or omission in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site or Services; and/or any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES, CONTENT, OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, BUGS, TROJAN HORSES, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, CONTENT, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
10.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY EXTERNAL SITES, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.3 The provision of Section 10 survives the termination of your use or participation to the Site or the termination of the Site or the Services.
11. Term and Termination
11.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminations user accounts in your account settings, if available, or by contacting us at email@example.com.
11.2. Without limiting any other provisions of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice of liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in the Terms and Conditions or of any applicable law or regulation. If we determine, at our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, at our sole discretion.
11.3 If we terminate or suspend your account for any reason set out in this Section 11, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive relief.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, managers, members, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your use of the Site, the Content, the Services, and the services and products of Third Party Advertisers other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.
13. Binding Arbitration of all Disputes and Prohibition of Class and Representative Actions
13.1 Agreement to Arbitrate
You and we each agree that any and all disputes or claims that relate to or arise from (1) these Terms and Conditions and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms and Conditions; (2) your use of or access to the Site, the Services, or (3) any products or services sold, offered, or purchased through our Site and Services, including any contact from our subsidiaries, affiliates, or agents including, but not limited to Third Party Advertisers, shall be resolved exclusively through final and binding arbitration between us and you, or between our subsidiaries, affiliates, or agents and you, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and we agree otherwise, the arbitrator may not or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
13.3 Arbitration Procedures
Before formally initiating arbitration, you agree to first send us a detailed notice of your claim (“Notice”) at the email address firstname.lastname@example.org (with a request of confirmation of receipt) or by certified mail at the postal address indicated in Section 14. 12 of these Terms and Conditions. If we have a dispute with you, we agree to first send you a Notice to the email address linked to your Registered User account. Your Notice must contain all of the following information: (1) your full name; (2) your postal address, telephone number, and email address; and (3) a detailed description of your claim. You must personally sign this Notice. If we send you a Notice, it will contain a detailed description of our claim, including its nature and basis. You and we agree to negotiate in good faith to quickly resolve the claim without the need for a formal proceeding. However, if the dispute is not resolved within 60 days after receipt of a Notice and you and we do not mutually agree to extend this time period, either you or we may initiate arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
13.4 Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
Except for any of the provisions in this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 13.2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void.
14.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy and legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contacts, orders, and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances and any laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means
14.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between us and any representation, promise, or condition not contained herein shall not be binding on either you or us.
14.3. Our failure to exercise or enforce any right, term, or provision of these Terms and Conditions shall not be deemed a further or continuing waiver of such right, term, or provision and any failure of the Company to assert a right, term, or provision under these Terms and Conditions shall not constitute a waiver of such right, term, or provision.
14.4 We may assign any or all of our rights and obligations to others at any time.
14.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
14.6 If any provision of part of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason, such provision or part of the provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
14.7 There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of the Terms and Conditions or use of the Site or Services.
14.8 The Company failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstance.
14.9 These Terms and Conditions and our Privacy Notice constitute the sole and entire agreement between you and us regarding the Site and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and the Services.
14.10 All matters relating to the Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding conflicts of law principles, and any and all disputes or claim arising therefrom or related thereto will settled by binding arbitration under the terms of Section 13 of these Terms and Conditions.
14.12 For support requests regarding the Site, the Services, the Deals or the Rewards, or to receive further information regarding the Site, the Deals, the Rewards, or the use of the Services, or to send us a Notice, please contact us by email at email@example.com or by post to:
66 Mineola Avenue