End-User License Agreement
BargainMatch requires that you accept the following End-User License Agreement before installation can proceed:
BargainMatch is an online shopping application that combines price comparison with rewards discounts and online coupons. When users make purchases online through the Web Application links, BargainMatch credits their accounts with a rebate, or reward, which, upon meeting certain qualifications, the user can redeem as a payment in US Dollars.
REWARDS PAYMENT METHOD
BargainMatch pays its members by check, sent through postal mail, and electronically via PayPal or other means as it determines appropriate.
To join BargainMatch and use our services, you must be at least 18 years of age. If you are under 18 years of age, you may join BargainMatch only with the supervision and consent of your parent or legal guardian. If you are under 13 years of age, you may not join BargainMatch. All members receiving payments via check must be U.S. residents. You must have Internet access and an email address to use BargainMatch, and we are not responsible for your inability to connect to the Internet to access our Web Application or your account.
You are responsible for maintaining accurate account information at all times, including valid email and mailing addresses. You are responsible for keeping your email address, mailing address, password, and all other private information confidential. BargainMatch is not responsible for any changes made to your account by any party that uses your email address and password. You are responsible for following the Terms of Service and policies, for not engaging in inappropriate use of the BargainMatch Web Application and services offered or its affiliate merchant sites, or for not engaging in fraudulent practices.
We will provide you with links on the BargainMatch Web Application to the websites of affiliated merchants. When you click one of these links and make a qualifying purchase at that merchant's website, you will receive the specified amount of Rewards posted to your BargainMatch account for redemption in US Dollards upon your request to do so. We will make every effort to accurately track and report your qualifying purchases, but you will not hold us liable for any delays or failures in tracking or reporting that are the fault of the merchant in reporting your purchase to us. Furthermore, you will not hold us liable for any technical failures that delay or prevent your purchase from being reported to us. If you have disabled cookies or other technologies used in tracking purchases, this may be the cause of such technical failure. Other causes may include:
• You used a coupon or promotion from another website, another (non-internet) source or from an email directly from the merchant.
• You added the item(s) to your shopping cart before clicking through from BargainMatch.com.
• Your purchase was for a gift card or was paid for with a gift card.
• You used a third party payment service such as Google Checkout to pay for the order.
• You closed your web browser window before completing your purchase.
• Your browser is not configured to accept cookies or you cleared the cookies on your computer while in the middle of placing an order.
• You accessed the website through another referral website or by typing the website URL directly into your browser.
• User error, known or unknown.
• Merchant website error or tracking malfunction.
• You clicked through to the merchant website to start your tracking session, but took longer than 24 hours to complete your order.
• You checked out from the merchant site multiple times, but only clicked through from BargainMatch once.
If you are a California resident, by using this Web Application, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Occasionally purchases at our affiliated merchants' websites will not generate commissions for BargainMatch. These may include, but are not limited to, gift certificates, gift cards, and other items determined by the merchant. BargainMatch is not obligated to pay Rewards for purchases that do not generate a commission for BargainMatch or for which a merchant cancels a commission.
If you return an item to a merchant AFTER redeeming your your Rewards as actual compensation for the purchase of that item, BargainMatch has the right to recover this compensation from you and may take necessary actions, including check cancellation or deductions from your BargainMatch account.
PRICING & PRODUCT AVAILABILITY
BargainMatch strives to maintain the most accurate prices possible to give you the best comparison shopping experience; however, due to constant changes made by retailers to product pricing we cannot guarantee the accuracy of our pricing. Additionally, based on product supply retailers will occasionally sell out of certain inventory before we can update those products as Out of Stock in our database. BargainMatch is not responsible for products on its Web Application that become unavailable or out of stock.
BargainMatch also strives to show accurate tax and shipping costs, however,, the tax and shipping costs shown are only estimates. Sales tax estimates are based on your zip code and the sales tax policies of the merchant. Shipping cost estimates are based on the shipping policies of the merchant, product weight, shipping destination, distribution center location, and carrier used (UPS, USPS, FedEx, etc.). In some cases, however, BargainMatch is not provided with all information necessary to estimate the exact tax and shipping costs.
BargainMatch works with merchants to ensure that all coupons displayed are active and that any exceptions are listed with the coupon. Occasionally, however, coupons may not work because of a merchant error or other technical error. Other times a specific item not listed in the exceptions will not be eligible for the discount. BargainMatch is not responsible for any coupons that do not work. If you try to use a coupon and it doesn't work, please report the issue to us and we will do our best to reactivate the coupon, get a new coupon, or provide clarification on why the coupon did not work.
If your user account is inactive for 365 consecutive days, you release all rights to cash in your account which shall automatically and immediately vest in BargainMatch without any requirement of notice to you.
The currency of all payments will be U.S. Dollars. We will only send out payments of rewards when you have at least $10.00 of "Available" rewards in your BargainMatch account and you have requested a payment. BargainMatch accounts cannot be combined to achieve a total of $10.00 "Available" rewards. Your rewards on a specific purchase will become "Available" after a waiting period, which we have standardized for all merchants to be a period of 90 days. The return time does not only reflect the time allowed to return the item to the merchant, but also the time allowed for the merchant to cancel the commission paid to BargainMatch for reasons including but not limited to returns due to product defect, invalid coupon use, or fraudulent orders. Once the return time has passed your earnings will become "Available" for withdrawal.
BargainMatch is not responsible for any event beyond the control of BargainMatch that would prevent you from receiving your payment. Such an event may include, but is not limited to, lost mail or an error made by you in typing your mailing address, or a change of address of which you have not notified BargainMatch. BargainMatch reserves the right to withhold payment of Rewards deemed to be derived from fraudulent activity. If you feel your Rewards payment is being improperly withheld, please contact us and we will be happy to work through the issue with you.
COPYRIGHT AND TRADEMARK INFORMATION
All content available on this Web Application is Copyright 2011 BargainMatch, Inc. with all rights reserved, or is the property of third properties protected by intellectual property rights. All other trademarks displayed on this Web Application are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between BargainMatch and these companies. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized person of BargainMatch.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEB APPLICATION IS PROVIDED BY BARGAINMATCH ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARGAINMATCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB APPLICATION OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEB APPLICATION, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THIS WEB APPLICATION; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARGAINMATCH SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB APPLICATION OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. BARGAINMATCH DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEB APPLICATION OR THE SERVICES PROVIDED. OPERATION OF THIS WEB APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF BARGAINMATCH'S CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARGAINMATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THIS WEB APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BARGAINMATCH MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THIS WEB APPLICATION OR BOUGHT AND/OR SOLD USING THIS WEB APPLICATION, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THIS WEB APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM BARGAINMATCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARGAINMATCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB APPLICATION, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold BargainMatch, its subsidiaries, affiliates, co-brand partners, and other parties with which BargainMatch is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of this Web Application and/or your breach of these terms, and/or resulting from any and all content you submit to BargainMatch and/or this Web Application. BargainMatch shall provide notice to you of any such claim, suit or proceeding.
These terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Pinellas County, Florida, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Florida and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in Florida. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Florida with knowledge of Internet commerce in Florida and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
INTELLECTUAL PROPERTY OWNERSHIP AND COPYRIGHT INFRINGEMENT
BargainMatch disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). BargainMatch will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include BargainMatch removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to BargainMatch regarding matters other than informing BargainMatch that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process. Written notification must be submitted to the following Designated Agent:
BargainMatch Attn: Legal Department
15550 Lightwave Drive, Suite 300
Clearwater, FL 33760
By Email: email@example.com
To be effective, your infringement notification must include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
• Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BargainMatch to locate the material;
• Information reasonably sufficient to permit BargainMatch to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
• A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
• Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
• BargainMatch shall remove or disable access to the Third Party Content that is alleged to be infringing;
• BargainMatch shall forward the written notification to the alleged infringer (the "Subscriber");
• BargainMatch shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to BargainMatch's Designated Agent that includes substantially the following:
• A physical or electronic signature of the Subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;”
• The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which BargainMatch may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
• Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and BargainMatch will comply with this requirement within a reasonable time (or as otherwise required by law), provided BargainMatch's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on BargainMatch's network or system.
If any provision of these terms is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these terms and all agreements and notices incorporated herein may be automatically assigned by BargainMatch, in our sole discretion, to a third party. You may not assign your obligations to any other entity.
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