Terms of Service
A. GENERAL TERMS
It is a violation of these Terms for you to use the Site for your personal, non-commercial use or in violation of any applicable laws or regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. These Terms also include any separate agreement entered into by you and us that are intended to supplement these Terms (each a "Separate Agreement"). Subject to your compliance with these Terms and all applicable federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicenseable, non-transferable, license to use the Site solely for your commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. BY AGREEING TO THESE TERMS, YOU HEREBY CONSENT TO RECEIVE EMAILS FROM US AND OUR AFFILIATES TO PROVIDE YOU WITH INFORMATION REGARDING THE SITE AND TO MARKET OUR AND THIRD PARTIES’ PRODUCTS AND SERVICES TO YOU. USE OF THE SITE IS LIMITED TO USERS LOCATED IN THE UNITED STATES ONLY. YOU MAY NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
2. Modifications. We reserve the right to modify the Site and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the Site and the "Last Updated" date at the top of this webpage will be revised. You understand and agree that if you use the Site after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Site at any time without prior notice to you.
3. Restrictions of Use. You will not use the Site for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Site or the server hosting the Site nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Site in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (iii) manipulates or otherwise displays the Site by using framing, mirroring or similar navigational technology or directly links to any portion of the Site; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Site or copies any content or information on the Site; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Site; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (viii) probes, scans, or tests the vulnerability of or breaches the authentication measures of the Site or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Site; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you. Use of the Site, even when acting on behalf of a business entity, is limited to persons eighteen (18) years of age or older.
5. Registration, Access & Security. If you use any of our services or provide us any information through the Site, including, without limitation, you or your employer’s name, logo, birth date, address, PayPal or other account identifier, zip code, phone number, contact details, email address, password, business description, or other information provided as part of your Listing (as defined below in Section C(1)) (collectively, your "Account Data"), you agree to provide true, accurate, current, complete and up-to-date information. You further agree to provide any specific Account Data that we deem mandatory. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Site (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Site and any account associated with you or your practice or another person ("Account"), including without limitation changing your password, terminating your Account, or requesting additional information to authorize actions made on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any use of your Account by you or any other person or entity including any claims, damages, losses, costs or other liabilities resulting from or caused by any use of the Account, or failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent and regardless of any negligence or lack thereof. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Site, and we reserve the right to change the access configuration of the Site at any time without prior notice.
6. No Warranties from BCB and Disclaimer. THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE SITE OR ANY GOODS, SERVICES, INFORMATION, OPINIONS AND MATERIALS AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SITE BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR THE MATERIALS PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE SITE WILL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE DISCLAIM ANY WARRANTY, GUARANTEE, REPRESENTATION THAT YOU AGREEING TO THESE TERMS AND/OR YOUR USE OF THE SITE WILL RESULT IN ANY MINIMUM SAVINGS, MINIMUM AMOUNT OF BUSINESS, REVENUE, OR INTEREST FROM ANY CONSUMERS, IF ANY AT ALL.
YOU ACKNOWLEDGE THAT USE OF THE SITE BY AN ADVERTISER IS NOT AN ENDORSEMENT BY US OF ANY ADVERTISER OR ANY GOODS OR SERVICES. WE DO NOT ENDORSE ANY ADVERTISER OR THEIR GOODS OR SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE APPROPRIATENESS, ACCURACY, COMPLETENESS, AND RELIABILITY OF ANY INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT MADE AVAILABLE BY US, ANY ADVERTISER, OR ANY CONSUMERS, WHETHER THROUGH THE SITE OR OTHERWISE. WE HEREBY DISCLAIM ANY WARRANTIES AND LIABILITIES RELATED TO ANY GOODS OR SERVICES ADVERTISED ON THE SITE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION A(11) BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
7. Ownership. The Site and all rights therein are and will remain our property or the property of our licensors. Neither these Terms nor your use of the Site convey or grant to you any rights in or related to the Site except for the limited license we grant you above. All trademarks, service marks and logos that are used or displayed on the Site are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos, and scripting on the Site may be covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without our prior written permission.
8. Feedback. We welcome feedback, comments and suggestions for improvements to the Site ("Feedback"). You can submit Feedback by emailing us at Info@BusinessCashBack.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without payment of any consideration, attribution, or any other remuneration to you.
10. Indemnification. You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Site; (ii) your advertisement of any goods or services through the Site; (iii) your violation of these Terms: (iv) any Account Data or Feedback you provide; (v) your negligence, fraud, or willful misconduct; (vi) your Account; and/or (vii) your violation of any law or regulation or any rights of another entity or individual. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
11. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, GOODS, AND/OR SERVICES THAT WE OR AN ADVERTISER HAVE PROVIDED TO YOU ON OR THROUGH THE SITE OR ANY GOODS OR SERVICES YOU ADVERTISE TO ANY CONSUMER, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) ANY INJURY, HARM, OR OTHER DAMAGE YOU MAY SUFFER AS A RESULT OF A CONSUMER; (E) RELIANCE BY ANY PARTY ON ANY CONTENT OR ACCOUNT DATA OBTAINED THROUGH USE OF THE SITE; AND (F) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, EPIDEMIC, PANDEMIC, ANY GLOBAL, NATIONAL, OR LOCAL PUBLIC HEALTH EMERGENCY OR DISEASE OUTBREAK (INCLUDING, WITHOUT LIMITATION, COVID-19 (A/K/A THE 2019 NOVEL CORONAVIRUS) OR ANY SIMILAR DISEASE(S)),TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU OR ANY CONSUMER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) COMPUTER VIRUSES.
OUR TOTAL LIABILITY TO YOU RELATING TO THESE TERMS, YOUR RELATIONSHIP WITH ANY CONSUMER, YOUR RELATIONSHIP WITH ANY ADVERTISER, AND ANY GOODS OR SERVICES YOU EITHER ADVERTISE OR PURCHASE THROUGH THE SITE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US DIRECTLY FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the Site is at your own risk. We are under no obligation to maintain any link on the Site, and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
13. No Fiduciary Relationship. There is no fiduciary relationship between you and us. These Terms do not create any relationship of principal-agent, partnership, joint venture, or employer-employee between you and us. You may not enter into any contract on our behalf or bind us in any way.
15. Electronic Communications and Notice. When you visit the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for BCB is 11320 State Rte 9 # 700204, Champlain, NY 12919 USA. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section A(15).
16. Use Outside of the United States; Choice of Law; and Venue. YOU MAY ONLY USE THIS SITE IF YOU ARE LOCATED IN THE UNITED STATES OF AMERICA. Those who choose to access the Site from other locations are in breach of these Terms and do so on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. By using the Site, regardless of where you live or are located, you consent to these Terms and any claims relating to the information, services or products made available through the Site will be governed by the laws of the State of New York, excluding the application of its conflicts of law rules. You agree that, subject to Section A(17), venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction located in New York.
17. Time Limit on Claims Against us. You agree that any claim you may have arising out of or related to your use of the Site or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
18. Severability and Waiver. If any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
19. Assignment. We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Term or your rights under these Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.
20. Our Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
B. ADDITIONAL TERMS FOR CONSUMERS
1. Cash Back Payments. If you purchase any goods or services from an Advertiser by using the Site, such Advertiser will be responsible for the discount for such goods and services included on the Advertiser’s Listing, and we will provide such discount to you in the form of a refund ("Cash Back") after our receipt of such refund and any other amounts due from the Advertiser. We will provide the Cash Back to you for the purchases you have made through the Site and that we have confirmed after each ninety (90) day cycle, provided that we determine the beginning of the ninety (90) day cycle in our sole discretion. The form of the Cash Back we provide to you will be in the form of a gift card, check, payment via PayPal, or such other form you designate from the list of options that we provide. We reserve the right to add or remove any payment option at our discretion and without prior notice.
2. Consumers’ Representations, Warranties, and Acknowledgements. In addition to your other obligations under these Terms, if you are a Consumer, you represent, warrant and covenant that: (a) you will not negotiate any prices for the Advertiser’s goods or services that the Advertiser includes in its Listing; (b) your use of the Site is for commercial purposes only and not for your household or personal use; (c) you will not purchase or request to purchase the goods or services the Advertiser offers through the Site in order to circumvent using the Site; and (d) you will provide us any additional information we request so that we can confirm your purchase from the Advertiser for the goods and services they included in their Listing. As a Consumer, you acknowledge and agree that: (i) paying an Advertiser for one or more of its goods or services listed on the Site does not include any other or additional goods or services, unless otherwise expressly agreed between you and the Advertiser; (ii) we do not process your order or payment for any goods or services you decide to purchase from an Advertiser, and that the Advertiser is solely responsible for your order and any issues, questions, and liability associated with your order and the goods and services you purchase; and (iii) you are not entitled to any Cash Back and we are not obligated to pay any Cash Back for any of your purchases of an Advertiser’s goods and services that: (x) does not comply with these Terms; (y) that we cannot confirm; or (z) regarding which, we do not receive any Cash Back plus the amount of any fees or commissions. Each of the representations, warranties, and acknowledgements set forth herein shall be continuing and if any such representation or warranty fails to remain true and accurate during the time you are a Consumer, you will immediately notify us. This Section B(2) is subject to the disclaimer of warranties and certain liabilities set forth in Section A(6) above.
C. ADDITIONAL TERMS FOR ADVERTISERS
In addition to the foregoing, the following provisions control use of the Site by Advertisers.
1. Goods and Services Offered to Consumers. If you are an Advertiser, you will list the goods and services you are willing to provide to Consumers and will list the price, applicable taxes, and discount for such goods and services (your "Listing"). You agree to keep such prices updated with your then current and applicable rates and prices, including applicable taxes and the discounts you offer to Consumers. You may request that we update the prices of your goods and services, applicable taxes, or the applicable discounts by emailing us.
2. Cash Back. If you complete a sale of any goods or services included in your Listing, you agree to provide us with the amount(s) you and we agreed to as described in the Separate Agreement between you and us and in accordance with the terms of such Separate Agreement, including, without limitation, all Cash Back amounts, fees, commissions, charges and other amounts due.
3. Advertisers’ Representations, Warranties, and Acknowledgements. In addition to your other obligations under these Terms, if you are an Advertiser, you represent, warrant, and covenant that: (a) you are not bound by any agreement or arrangement that would preclude you from using the Site to communicate the goods and services in your Listing; (b) you will provide services to Consumers in accordance with all applicable federal, state, and local laws, rules and regulations and all of our rules, including, without limitation, these Terms; (c) in the event we provide you with a survey or other request for additional information about you or the services or goods you offer, you will complete such survey and comply with such request within ten (10) business days of the date we send such request; (d) your Listings are accurate and current; (e) you will not renegotiate any prices included in your Listing with Consumers; (e) you will not allow Consumers to purchase or offer to Consumers to purchase the goods or services included on your Listing in a manner to circumvent using the Site; (f) any statements made in your Listing are accurate, truthful, and non-deceptive; and (g) you will collect all taxes and other amounts due under applicable law and remit such taxes and other amounts to the applicable taxing and governmental authorities. If you are an Advertiser, you acknowledge that by agreeing to these Terms and by using the Site, you are not guaranteed any minimum amount of business, revenue, or interest from any Consumers. Each of the representations, warranties, and acknowledgements set forth herein shall be continuing and if any such representation or warranty fails to remain true and accurate during the time you are an Advertiser, you will immediately notify us. This Section C(3) is subject to the disclaimer of warranties and certain liabilities set forth in Section A(6) above.