Last revised: December 22, 2009, v.1
Please read this Agreement carefully and check this Agreement periodically for changes as Bonus.com reserves the right to revise this Agreement. Any modifications we make will be effective immediately upon posting to the Site, and your continued use of this Site following the posting of any changes to the Agreement constitutes your acceptance of such changes.
LICENSE AND SITE ACCESS
Upon your agreement to this Agreement and provided you continue to comply with its terms, Bonus.com grants you a limited, non-exclusive, non-transferable, revocable right and license to access and make personal use of the Site in strict accordance with the terms and conditions in this Agreement. You acknowledge and agree that all content and services available on this Site are property of Bonus.com and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Bonus.com and its advertisers and licensors.
This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bonus.com. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bonus.com or our advertisers and licensors without express written consent. You may not use any metatags or any other "hidden text" using Bonus.com's name or trademarks without the express written consent of Bonus.com. You will not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Bonus.com shall pursue such penalties to the full extent of the law to protect its rights. Any unauthorized use terminates the permission or license granted by Bonus.com.
THIRD PARTY SITES
We provide listings of offers, products and services that third parties promote on their sites ("Third Party Sites"). The Site may provide links to web sites and access to content, products and services of third parties. You will be transferred to Third Party Sites through links or frames from this Site. Your participation in each Third Party Site is governed by its terms and conditions. Third Party Sites are not under the control of Bonus.com, are not monitored or reviewed by Bonus.com, and Bonus.com is not aware of the contents of such sites. Any purchases you make will be through Third Party Sites and from other companies. We strongly advise that you read the terms and conditions of the Third Party Sites and all of their policies, including policies regarding sales, returns, warranties, and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites. You are also advised to read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these Third Party Sites. Inclusion of any link to a Third Party Site does not constitute an endorsement of the Third Party Site by Bonus.com or imply any such endorsement. Bonus.com does not sell any good or service to consumers and nothing on this Site shall be construed as an offer to sell anything or enter into any kind of business relationship.
You acknowledge that Bonus.com is not responsible for: (a) the availability of any third party content accessible through the Site and provided on Third Party Sites; (b) the contents of any third party materials accessible through the Site, including without limitation, the opinions, advice, or statements; (c) the products and services available on such Third Party Sites; (d) any inaccuracies; misrepresentations; offensive, infringing, libelous or illegal information, promotions, products, or services; viruses or other computer problems resulting from use of such Third Party Sites; (e) any loss, damage or liability of any sort you may incur from dealing with any third party product or service; or (f) your dealings with any third parties found on or through the Site, including without limitation, your participation in promotions, the payment for and delivery of goods and services (if any) and any terms, conditions, warranties, or representations associated with such dealings. You knowingly and voluntarily assume all risks of using Third Party Sites to purchase goods and services and of using coupons, bonuses, promotions and specials listed on this Site. You agree that Bonus.com and its licensors and advertisers shall have no liability whatsoever from such Third Party Sites and your usage of them.
If you have any complaint with any Third Party Site, contact that site directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
INTELLECTUAL PROPERTY RIGHTS
All of the material on the Site, including but not limited to information, trademarks, text, graphics, logos and service marks (collectively, the "Site Content"), is the property of Bonus.com, its licensors, advertisers and other third parties. U.S. and international copyright laws protects all Site Content available on the Site. Your use of the Site and the Site Content does not transfer to you any ownership or other rights in the Site or the Site Content. You may download Site Content displayed for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Site Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Site Content for commercial or public purposes.
ACCEPTABLE USE OF THE SITE
Unless otherwise specified, the Site and our services are intended for your personal, noncommercial use only. You agree to use the Site and our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) the Site Content or other material obtained through the Site, except as permitted by the law and as expressly permitted in this Agreement.
This Agreement must be understood and agreed to by a person over 18 years old. If you are not yet 18 you do not have permission to access this Site and please stop using the Site immediately.
Your use of Bonus.com is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
Without limiting the disclaimer of warranties set forth below, all Site Content is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Bonus.com is not liable for any inaccuracies, errors, omissions or miscalculations in any of the Site Content, nor are we liable for your reliance on the Site Content, or any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. Bonus.com is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in Site Content.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. BONUS.COM PROVIDES THE SERVICE ON AN "AS IS" BASIS. BONUS.COM AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE SITE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE.
BONUS.COM AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY SITE CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BONUS.COM AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BONUS.COM OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BONUS.COM OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BONUS.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold harmless Bonus.com, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors ("Indemnitees") from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that are due to, arise from or relate to: (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement; or (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your use of the Site. Bonus.com reserves the right to assume the exclusive defense and control of any claim for which we or any of the Indemnitees are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
If you breach any provision of this Agreement, you may no longer use the Site. Bonus.com may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the operation of the Site or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If Bonus.com terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Site.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by Bonus.com from its offices within the State of California in the United States. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Site and applicable law. Although each of these places has laws that may differ from California, by accessing this Site, both you and Bonus.com agree that the statutes and laws of the California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You and Bonus.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
If you believe in good faith that any Site Content has been copied in a way that constitutes copyright infringement, you may forward the following information to our Copyright Agent email@example.com: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
Last Revised: December 22, 2009