Points-Rewards terms of Service
Last Updated: May 2, 2012
1. POINTS REWARDS INTRODUCTION.
myVBO LLC. d/b/a FreePriceAlerts® ("FPA") provides you, and, if applicable, your Affiliates, access to its online service (the "Service") on www.FreePriceAlerts.com (the "FPA Website") , FPA web browser extensions, and the related FPA software on your mobile device or other computing device. The Service is a price searching engine, social networking posting sites, and location-based suite of integrated mobile and web applications that allows Advertisers to provide Users with opportunities ("Opportunities") to earn points that are redeemable for cash or other rewards ("Rewards") if they perform specified tasks or comply with certain requirements set forth in such Opportunities. Your use of the Service is subject to your acceptance of and compliance with these terms of service (the "Terms of Service" or the "Agreement"). If you do not agree to these Terms of Service, please do not use the Service. Each time you use the Service, the current version of the Terms of Service will apply. Accordingly, when you use the Service, you should check the date of the Terms of Service (which appears at the top of this document) and review any changes since the last version. The Terms of Service will be available at all times at www.FreePriceAlerts.com In these Terms of Service, (i) "Advertiser" means collectively any person or entity who participates in the Service by offering Opportunities and Rewards to Users, (ii) "User" means collectively any person who participates in the Service and receives Rewards, and (iii) "Affiliate" means any entity or person that directly or indirectly controls any Advertiser or User, and the term "control" with regard to this definition means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, written voting rights agreement or other influence. These Terms of Service shall apply to all transactions conducted through the Service. The term of the Agreement will commence on the date you enroll as a User or Advertiser and will end when terminated by either party in accordance with the terms of the Agreement (the "Term").
A. OPPORTUNITIES. Participating Advertisers create and list Opportunities on the Service, which offers Users the chance to receive Rewards from the Advertiser in exchange for performing specified tasks or complying with the requirements (such tasks and/or requirements constituting the "Requirements") set forth in the Opportunity. Each Opportunity listing contains a description of the Requirements and the corresponding Reward to be provided by the Advertiser. FPA provides the Service to facilitate the relationship between Advertisers and Users. Advertisers are solely responsible for the content of their Opportunities listings and for the payment of any identified Rewards to Users. FPA does not review any posts or Opportunities, but has the right to decline any Opportunities.
C. YOUR INTERACTIONS WITH OTHER USERS. You are solely responsible for your interactions with other Users. FPA reserves the right, but has no obligation, to monitor disputes between you and other Users. You understand that FPA does not in any way screen its Users, nor does FPA inquire into the backgrounds of its Users or attempt to verify the statements of its Users. FPA makes no representations or warranties as to the conduct of Users.
D. PROHIBITED ACTIVITIES. You may not use the Service for any other purpose than that for which FPA makes it available. FPA reserves the right in its sole discretion to investigate, terminate your membership and take appropriate legal action if you violate this provision or otherwise misuse the Service, or behave in a way which FPA regards as inappropriate or which is unlawful or illegal. The following is a list of the type of actions that you may not engage in with respect to the Service: You will not use the Service for any illegal purpose, including engaging in any criminal or tortious activity, including without limitation child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming or theft of trade secrets. You will not express or imply that any statements you make are endorsed by FPA without our specific prior written consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service. You will not interfere with or disrupt the Service or the servers or networks connected to the Service. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not "frame" or "mirror" any part of the Service, or otherwise take elements of the Service and reformat or display them. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so. You will not collect or gather other people's personal information (including account information) from the Service.
E. REPORTING ABUSE. We at myVBO take issues of abuse or illegal activity very seriously. In order to report a case of abuse or illegal activity that is occurring via the use of our FPA product, please email abuse@myVBO.com including your name, email address, and the FPA advertiser page that contained objectionable material.
2. ADVERTISER SPECIFIC TERMS.
This Section 2 applies only to Advertisers participating in the Service.A. PAYMENTS.
Advertiser agrees to pay FPA all amounts payable to Users in connection with Rewards. All charges to Advertiser's account for Rewards payable to Users in connection with the Service shall be payable in accordance with these Terms of Service. If FPA does not receive timely payment or if Advertiser exceeds prepayment hereunder: (i) Advertiser will incur a debit balance for the value of any unpaid charges incurred under Advertiser's account, (ii) Advertiser agrees to pay all amounts due on a User's account upon demand, and (iii) FPA reserves the right to either suspend or terminate an Advertiser's account with FPA, including deletion of such Advertiser's Opportunit ies from the Service. Any fees for the Service which are charged to Advertiser's account are non-refundable. Unused initial deposit may be refunded within 90 days if Advertiser discontinues Service. Advertiser agrees to submit any disputes regarding any charge to such Advertiser's account in writing to FPA within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. If Advertiser fails to make payment as set forth herein, Advertiser will be responsible for all reasonable expenses (including attorneys' fees) incurred by FPA in collecting such amounts. All prices are in United States dollars and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other taxes are imposed by any jurisdiction on the transactions pursuant to the Agreement, Advertiser shall pay such taxes to ensure that FPA receives the full amount invoiced to you without offset or deduction. Advertiser agrees to promptly (a) update all information to keep Advertiser's account and credit card billing current, complete and accurate (such as a change in billing address or e-mail), (b) notify FPA in writing if Advertiser becomes aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password, and (c) notify FPA in writing if Advertiser's credit card is canceled. Upon termination, suspension or discontinuation of the Service or Advertiser's participation therein, all outstanding payment obligations incurred by Advertiser under the Service will become immediately due and payable.B. CREDIT CARD CHARGES.
Advertiser authorizes FPA to charge Advertiser's credit card (as provided by Advertiser) for all charges to such Advertiser's account. Advertiser's non-termination or continued use of the Service reaffirms that FPA is authorized to charge Advertiser's credit card. FPA may submit those charges for payment and Advertiser will be responsible for such charges. FPA reserves the right to modify, suspend or terminate the required method of payment for use of the Service at any time, although any pending Opportunities will be completed using the method current when you listed the Opportunity. If FPA modifies the terms of the method of payment as outlined in this Section, the modifications will be reflected in an updated version of the Agreement posted on the FPA Website. If you do not consent to such modified terms, you must immediately discontinue use of the Service. Advertiser's continued enrollment after any modifications constitutes such Advertiser's acceptance of the terms of the method of payment as modified. Advertiser shall determine a maximum amount for charges to Advertiser's account for each Opportunity subject to the provisions below. When an Advertiser lists an Opportunity, and for each Opportunity thereafter, Advertiser pre-authorizes FPA to charge Advertiser's credit card up to the maximum amount that Advertiser specifies plus any overages. FPA will send Advertiser a notification to the e-mail address associated with Advertiser's account after each pre-authorized transaction to notify Advertiser that Advertiser's account has been replenished and Advertiser's credit card charged. Such charges should appear on the periodic statement sent to Advertiser by the provider of its credit card. Advertiser understands that all of its Opportunities may be taken offline if Advertiser's credit card does not allow additional charges or rejects any charges made to it by FPA. Unless Advertiser or FPA discontinues Advertiser's enrollment or participation in the foregoing payment plan, Advertiser understands that this pre-authorization is valid until the termination of the Agreement or the applicable Master Agreement with FPA. For Advertiser's future reference, Advertiser agrees to retain, either by printing or otherwise saving, a copy of the Agreement, which provides the terms of your pre-authorization.
C. OPPORTUNITY AND POST INFORMATION. Advertiser agrees that FPA is not responsible for any aspect of Advertiser's content or the Opportunities provided to Users through the FPA Website. Advertiser represents, warrants and covenants that: (i) all information it provides or approves or that is provided on its behalf in connection with the Agreement and on its Website is, and will be updated to remain, current and accurate, (ii) the Advertiser website to which any links are included in a listed Opportunity will look substantially the same to all end users regardless of the end users' location, (iii) the Advertiser website does not contain any FPA-owned or licensed content, except pursuant to a separate signed agreement with FPA. Advertiser acknowledges that FPA Users are independent third-parties and not directly controlled by FPA. Advertiser specifically acknowledges and agrees that FPA has no control over any posts that may be available or published by any User, and that Advertiser is solely responsible (and assumes all liability and risk) for determining whether or not such posts are appropriate or acceptable to you.
D. REWARD DISPUTES. Advertiser agrees that so long as a User has met the requirements as outlined in its Opportunity Advertiser will not deny payment of any Reward. Advertiser may not discriminate based on aesthetics, grammar or the racial, physical, political, spiritual, age, gender or sexual orientation characteristics of the User. Payment of a Reward will be made to the User unless the User has violated the terms of the Agreement or the specific terms of the Opportunity as stated in writing.
3. USER SPECIFIC TERMS.
This Section 3 applies only to Users participating in the Service.
B. FULFILLMENT OF COMPENSATION. User acknowledges and agrees that the obligation to provide Rewards earned by Users in connection with Opportunities resides with the Advertiser, not FPA. FPA merely facilitates such Rewards on behalf of the Advertisers. User waives any and all claims or rights of action against FPA relating to the failure of an Advertiser to pay User a Reward. In addition, User acknowledges that User is: (i) not an employee of FPA, (ii) responsible for the payment of all federal, state and local taxes on compensation received from an Advertiser, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations. User further acknowledges that in the event User's account becomes inactive for six months a charge of $5.00 per month will be charged against the balance and will continue to charge each month until the balance reaches $0. This fee, if charged, is non-refundable.
C. GRANT OF USAGE LICENSE. By participating in the Service and accepting Rewards, User grants FPA and the specific Advertiser providing the Reward a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to use, display, perform, reproduce, republish, and distribute any content or any portion thereof ("Content") provided by a User in connection with the Service or an Opportunity in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. You acknowledge and agree that the Content you submit, post or display may be viewed by other Users of the Service and through third party services. You should only provide Content that you are comfortable sharing under these terms.
D. CHECK IN GUIDELINES. You may not use the Service for any other purpose than that for which FPA makes it available. FPA reserves the right in its sole discretion to investigate, deny rewards, terminate your membership and take appropriate legal action if you violate this provision or otherwise misuse the Service, or behave in a way which FPA regards as inappropriate or which is unlawful or illegal. The following is a list of the type of actions that you may not engage in with respect to the Service: You may not check in to a location from home using items from previous visits to the business. You may not check in more than once with the same purchase. Check in submissions cannot be photos of photos. You may not submit another User's submissions as your own. You may not manipulate your location data to make it appear as though you visited the check in location when you did not.
4. ADVERTISER AND USER ELIGIBILITY.
5. PROTECTION OF MINORS.
Children under the age of thirteen (13) may not be the target audience of FPA Opportunities and FPA strives to protect their privacy. For this reason, Advertisers are prohibited from posting any Opportunity that targets children.
7. UNAUTHORIZED USE.
Outside of an API provided by FPA, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial gain is strictly prohibited.
8. PROVISION OF THE SERVICE.
FPA is constantly innovating and changing its Service offering in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Service which FPA provides may change from time to time without prior notice to you. You acknowledge and agree that FPA may stop (permanently or temporarily) providing the Service (or any features or functionality within the Service) to you or to Users generally at FPA's sole discretion, without prior notice to you. You and/or FPA may terminate the Agreement and/or your participation in the Service at any time, for any reason or for no reason, and FPA shall not have any liability regarding such decisions. Sections 2 through 17 of these Terms of Service shall survive any termination of the Agreement.
9. REPRESENTATIONS AND WARRANTIES.
Each User and Advertiser participating in the Service represents, warrants and covenants that (i) it has sufficient authority to enter into the Agreement; (ii) its use of FPA's services is solely for lawful commercial and business purposes; (iii) it has the necessary rights to provide all information provided under the Agreement (including all content, data, Opportunities, titles, URLs and descriptions) for use as described in the Agreement, and that all such information and all claims, statements, products and services contained or referenced herein and in the Website or submitted by an Advertiser or User: (a) do not violate any law, statute, ordinance, treaty or regulation or FPA policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Master Agreement (if applicable); (iv) it will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by FPA, clicking, impression or marketing activities through the Service, and it will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003; and (v) it will not use the Service to "stalk" or otherwise harass another person or harm any persons or entities in any way.
FreePriceAlets™ and other FPA graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of FPA in the U.S. and/or other countries. FPA's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by partner and third party sites in connection with journalistic promotion of our services, commercial applications are forbidden except where pre-approved in writing.
Each User and Advertiser participating in the Service agrees to indemnify and hold harmless FPA, its parent and affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, third party service providers and third parties authorized by FPA to make your listings, results, and/or Service available in connection with third party Websites, blogs, postings, content, applications and/or e-mails ("Third Party Products"), and their respective officers, directors, agents, affiliates, and employees (each, a "FPA Entity" and collectively, the "FPA Entities") from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claim(s)"), that actually or allegedly result from such User or Advertiser's information, use of the Service, submissions to the Service, or its breach of the Agreement. Each User and Advertiser agrees to be solely responsible for defending any Claim against or suffered by FPA and/or any FPA Entity, subject to FPA and/or the FPA Entity's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against FPA, and/or any FPA Entity provided that you will not agree to any settlement that imposes any obligation or liability on FPA and/or an FPA Entity without FPA's prior express written consent.
12. WARRANTY DISCLAIMER.
EACH ADVERTISER AND USER EXPRESSLY AGREES THAT THE SERVICE IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT ITS USE THEREOF IS AT ITS OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FPA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR FPA WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE FPA WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY FPA. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE FPA WEBSITE WILL MEET A USER'S OR AN ADVERTISER'S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, EACH USER AND ADVERTISER ACKNOWLEDGES AND AGREES THAT FPA'S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF FPA'S CONTROL. THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FPA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. LIMITATION OF LIABILITY.
FPA'S LIABILITY IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO $1000. FPA SHALL NOT BE LIABLE TO USERS FOR DAMAGES OF ANY KIND ARISING OUT OF A USER'S USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FPA OR ANY FPA ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD FPAS RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO PARTICIPATION OR ACCESS BY ANY THIRD PARTY ON ADVERTISER'S LISTING(S) OF OPPORTUNITIES, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FPAS OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FPA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
FPA may give general notices to Users and Advertisers by posting on the FPA Website, or by electronic mail to the e-mail address provided by you to FPA. It is your responsibility to ensure that your e-mail address and any other contact information you provide to FPA is updated, current and correct. All notices to FPA shall be sent via recognized overnight courier or certified mail, return receipt requested, to: President, myVBO LLC, PO Box 268, Peterborough NH 03458.
15. CHOICE OF LAW.
Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the State of New Hampshire , without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, NH. Any claim against FPA arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
16. ELECTRONIC SIGNATURES EFFECTIVE.
The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept" button, you accept the Agreement and agree to the terms, conditions and notices contained or referenced herein. When you click on the "I Accept" button during enrollment, you also consent to have the Agreement provided to you in electronic form. (ii) Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.