BestBuysOnTheNet.com Cash Account Terms and Conditions Agreement
This Cash Account Terms and Conditions Agreement ("Cash Account Agreement") is the contract that establishes the rules that control your account(s) with us. Please read this Cash Account Agreement carefully and retain a copy for your records.
By electronically signing the Online Cash Account Application to open or request an account, or by otherwise opening or using a cash account with us or a product or service from us, you agree that you (and your heirs, successors, representatives and beneficiaries, if any) shall be bound by this Cash Account Agreement and all amendments hereto in effect from time to time.
If you have any questions, please contact us at email@example.com.
This Cash Account Agreement is subject to applicable federal laws and, to the extent not preempted by federal law, the laws of the state of California (except to the extent that this Cash Account Agreement can and does vary such rules or laws), without regard to conflicts of law principles. The body of federal and state law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is then to:
Summarize some laws that apply to common transactions; Establish rules to cover transactions or events that the law does not regulate; Establish rules for certain transactions or events that the law regulates but permits variation by agreement; and Give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this Cash Account is found to be unenforceable according to its terms, all remaining provisions shall continue in full force and effect.
As used in this document the words "we," "our," and "us" mean BestBuysOnTheNet.com and or it's owner and operator the Finon Corporation; the words "you" and "your" mean each and every owner of the account and anyone else with the authority to withdraw, or exercise control over the funds in the account. The use of the word "Program" refers to the Cash Account, its uses, function, and capability. The headings in this document are for convenience or reference only and shall not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.
2. Eligibility Requirements To Own A Cash Account
3. Cash Account Agreement
- All Cash Account Holders shall be individuals of the age of majority (18 years of age or older).
- All Cash Account Owners must be human: no machines, scripts, or automated services shall be used to accumulate any financial benefits derived from the use of BestBuysOnTheNet.com.
- You shall maintain only one account at any given time. Any duplicate accounts shall be subject to cancellation.
- Benefits earned from a BestBuysOnTheNet.com Cash Account shall only be derived by accessing the BestBuysOnTheNet.com Web site (http://www.bestbuysonthenet.com).
- You must have Internet access and an email address to be eligible to receive the privileges and benefits of a Cash Account Agreement. BestBuysOnTheNet.com shall not be responsible for your inability to connect to the Internet, log into the BestBuysOnTheNet.com Web site, or access your BestBuysOnTheNet.com Cash Account, or for any charges to directly related to your Internet connectivity.
- By agreeing to these terms, you Agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at BestBuysOnTheNet.com. Refusal to abide by this or any other rules may result in BestBuysOnTheNet.com stripping you of referrals and canceling your Cash Account Agreement membership.
When you open your first account with us, you will be required to provide us with your email address and a unique password. Once your account is activated you agree to be bound by this Agreement.
4. Ownership of Account and Beneficiary Designation
We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the earned cash credits. Cash credit in the account may be paid only to that individual or to someone to whom that individual has given a power of attorney, or as otherwise may be required or permitted by law.
Power of Attorney - You may wish to appoint an agent to conduct transactions on your account on your behalf. (We, however, have no duty or agreement whatsoever to monitor or ensure that the acts of the agent are for your benefit.) This may be done by allowing your agent to sign in that capacity on the signature card or by separate form, such as a power of attorney. We may continue to honor the transactions of the agent until: (1) we have received written notice or have actual knowledge of the termination of the authority of your agent or the death of an account owner, and (2) we have had a reasonable opportunity to act on this notice or knowledge. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given to an agent acting under a valid power of attorney.
5. Change of Ownership
There shall be no change of Cash Account ownership .The ownership of your account stays in effect for the duration of your use of the Program.
6. Incomplete Account Applications
If you submit an incomplete account application, we shall not process the application until we have received all necessary information from you.
7. Account Access and Password
Upon registration for the Program, you shall select a password that will allow you to access your BestBuysOnTheNet.com account (via the BestBuysOnTheNet.com Web site) to verify transfers, check account balances, and modify your account information.
You must be logged into BestBuysOnTheNet.com and enter your password to access your account. You may check your account status and recent earning history at any time you are able to access the BestBuysOnTheNet.com Web site.
BestBuysOnTheNet.com is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. BestBuysOnTheNet.com is not responsible for any credits or debits made to your account by someone else who uses your password.
8. Account Activation
"Account Activation" is begun be signing a Cash Account Application and only completed upon the making of a Qualified Purchase at any BestBuysOnTheNet.com merchant site. In case of return or cancellation, BestBuysOnTheNet.com retains the right to reverse account credit.
9. Address or Name Changes
You are responsible for notifying us of any change in your physical address, mailing address, e-mail address or your name. Unless we agree otherwise, change of address or name must be made from within your Cash Account member Profile section. Informing us of your address or name change via email is not sufficient. We will attempt to communicate with you only by use of the most recent physical address or e-mail address you have provided to us, and you agree that any notice or communication sent to you at the address noted in our records shall be effective unless we have received an address change notice from you. If you fail to notify us of a change of address or for any other reason a statement or check is returned to us, we may destroy the statement and any accompanying items that are returned to us.
10. Death or Incompetence
You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or becomes legally incompetent. We may continue to send your cash credit checks until: (1) we know of your death or incompetence, and (2) we have had a reasonable opportunity to act on that knowledge. Furthermore you agree to forfeit any such earned cash credit in the event of your death or incompetence.
11. Dormant Accounts
If we are unable to contact you through the U.S. Mail and or by your email address and you do not initiate activity in the account for a substantial period of time, which may be defined by applicable law or regulation, we may treat the account as being dormant. You agree that we may cancel and decline to pay earned cash credits from accounts that are dormant. Furthermore you agree to forfeit any such earned cash credit in the event that you reestablish contact with us. Statements will not be mailed if you are receiving paper statements, except as required by law.
12. Accrual of Cash Credits
Cash Account Owners will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with BestBusOnTheNet.com (an "Affiliated Merchant"). The percentage will be enumerated on the BestBuysOnTheNet.com Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with BestBuysOnTheNet.com and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
A purchase shall qualify for a cash credit by BestBuysOnThenet.com if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the BestBuysOnTheNet.com Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. 3) BestBuysOnTheNet.com may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Directly altering these links shall invalidate your sale, which shall not be deemed a Qualified Purchase. 4) The purchase must be completed during the same "session" immediately following a click through to the Affiliate Merchant's Web site. A "session" is defined as the time period that begins when Criteria #2 is completed and ends when a purchase is made at the Affiliated Merchant without an "intervening event". An intervening event is defined as any of the following and is deemed to have occurred anytime between Criteria #2 and purchase of a product or products on the Affiliate Merchant's Web site: you were disconnected from the Internet for any reason or from any cause; you closed your web browser software prior to completing a purchase in the same session; you book-marked a web page and then subsequently returning to that bookmark to complete the purchase; you left an Affiliated Merchant's Web site prior to completing a purchase in the same session whether or not the next web page visited is an Affiliated Merchant; any other event which causes an interruption between Criteria #2 and purchase of a product or products on the Affiliated Merchant's Web site that results in the Affiliated Merchant not accurately tracking the purchase, or not forwarding a percentage of the sale to BestBuysOnTheNet.com. 5) The Affiliated Merchant accurately tracks the purchase, and subsequently forwards a percentage of the sale to BestBuysOnTheNet.com which is at least equal to the percentage noted on the BestBuysOnTheNet.com website at the time you clicked through to the Merchant. 7) Only active Cash Account Holders are eligible to make a "Qualified Purchase" or for any cash back award from BestBuysOnTheNet.com.
The determination of whether or not a purchase made through a BestBuysOnTheNet.com Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of BestBuysOnTheNet.com.
13. Cash Credit
Cash credits awarded to Account Holders are subject to adjustments for returns, cancellations, and other events. Furthermore, BestBuysOnTheNet.com can apply such adjustments to Account Holder's accounts at any time and at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
You may be taxed on your accrual of cash credit, depending on the amount of credit you accrue and the tax laws of federal, state, and local jurisdictions. BestBuysOnTheNet.com may choose to provide you with those notices to you on occasion. In all instances, you shall be solely responsible for any and all tax liability arising out of your accrual or redemption of cash credits.
It is your responsibility to check your account regularly to ensure that cash credit has been properly credited and that your account balance is accurate. The Account Holder must inform BestBuysOnTheNet.com of any credit that the Account Holder believes they are entitled to within 30 days of the Account Holder's claim of a valid Qualifying Purchase. Furthermore, all cash credit earned by Account Holders are subject to review. Necessary adjustments may be applied to Account Holders accounts at any time by BestBuysOnTheNet.com at its sole discretion. If you do not agree to adjustments made to your account, your only recourse shall be to terminate your membership in the Program. BestBuysOnTheNet.com reserves the right to terminate any account for abusive or fraudulent activity, or if the Account Holder is no longer reachable at the e-mail address provided.
BestBuysOnTheNet.com is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of cash credit caused by such changes, discontinuance, or withdrawal. BestBuysOnTheNet.com is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Account Holders responsibility to make sure that all specials are valid.
14. Payment Schedule
Cash earned through your BestBuysOnTheNet.com Cash Account shall be paid at the sole discretion of BestBuysOnTheNet.com. All cash percentages may be changed, reduced or the modified in any way, at any point, and without notice.
You earn cash whenever you or someone you referred makes a Qualified Purchase from one of the Affiliated Merchants within BestBuysOnTheNet.com. At the end of each quarter, we will total all the cash credit in your BestBuysOnTheNet.com Cash Account.
Cash Account Payment Schedule
|Jan 1-Mar 31
|Apr 1-June 30
|July 1-Sept 30
|Oct 1-Dec 31
At the end of each pay period BestBuysOnTheNet.com will total the Cash Earned from your purchases. If your Cash Earned from purchases total $5 or more then you will be sent a check (including all bonuses and referral credits) in accordance with the schedule above; Non-U.S. residents will receive payment when their balance exceeds $100. If your account does not meet the payout threshold your balance will be carried over to the following quarter.
Most cash earnings are credited to your BestBuysOnTheNet.com Cash Account within 48 hours. However, it is possible for this process to take up to 30 days. Some Affiliated Merchants only report your purchase when the product ships in which case your cash earning may be delayed until the Affiliated Merchants ships your products. In some cases Affiliated Merchants cannot confirm your purchase until the return period for the product you have purchased has elapsed.
Once the Affiliated Merchants finalize the purchase details, your BestBuysOnTheNet.com Cash Account will be updated.
It is your responsibility to keep your account information current in order to facilitate the payment of your cash credit earnings. In the event that your information is not current at the time of payment, you forfeit all accrued cash credit to BestBuysOnTheNet.com.
15. Non-Interest Bearing Account
Your BestBuysOnTheNet.com Cash Account is a non-interest bearing account and BestBuysOnTheNet.com shall not be required to pay you any interest on your cash credit while it remains in your Cash Account.
Your Cash Account will be accessible online at www.bestbuysonthenet.com. BestBuysOnTheNet.com will not mail you Cash Account Statements via email or the U.S. Postal Service.
No cash credit earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by BestBuysOnTheNet.com in writing. The sale or barter of any such credit, other than by BestBuysOnTheNet.com, is expressly prohibited. Accrued cash credit does not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any rebates assigned, sold, or otherwise transferred in violation of the Program Rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of cash credit from his or her account, and/or liability for damages and litigation and transaction costs.
18. Disclosure of Account Information
You authorize BestBuysOnTheNet.com to disclose to third parties information you have provided, or information that BestBuysOnTheNet.com has obtained about your BestBuysOnTheNet.com Cash Account or shopping behavior: (i) to agents of BestBuysOnTheNet.com or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your cash credits. Further, you authorize BestBuysOnTheNet.com to receive any account information from any Affiliate Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to BestBuysOnTheNet.com.
THE BESTBUYSONTHENET.COM CASH ACCOUNT PROGRAM IS BEING PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESTBUYSONTHENET.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
BESTBUYSONTHENET.COM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH BESTBUYSONTHENET.COM INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE BESTBUYSONTHENET.COM WEB SITE, BESTBUYSONTHENET.COM DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, BESTBUYSONTHENET.COM DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BESTBUYSONTHENET.COM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE., INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE CASH CREDITS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
20. Limitation of Liability
IN NO EVENT SHALL ANY OTHER COMPANY WITH WHICH BESTBUYSONTHENET.COM HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF BESTBUYSONTHENET.COM OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY BESTBUYSONTHENET.COM. IN NO EVENT SHALL BESTBUYSONTHENET.COM BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY BESTBUYSONTHENET.COM IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF BESTBUYSONTHENET.COM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU AGREE TO INDEMNIFY AND HOLD BESTBUYSONTHENET.COM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY YOU, OR THE INFRINGEMENT BY UOU, OR OTHER USER OF THE PROGRAM USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN YOUR COMMUNICATIONS.
21. Termination Or Changes To The Program
BestBuysOnTheNet.com reserves the right to terminate the Program at any time with notice. This means you shall have sixty (60) days from the date notice of Program termination is provided to you to redeem rebates in your account. Notification of Program termination shall be sent to the email address you provide to BestBuysOnTheNet.com during the registration process. BestBuysOnTheNet.com shall not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of BestBuysOnTheNet.com, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform BestBuysOnTheNet.com of a change in your email address.
BestBuysOnTheNet.com may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Agreement page of the BestBuysOnTheNet.com Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
22. Termination of Membership
Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of cash credits, or any misrepresentation of any information furnished to BestBuysOnTheNet.com or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your BestBuysOnTheNet.com Cash Account and/or forfeiture of your accrued cash credits.
23. Disputes or Errors
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of rebates for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to BestBuysOnTheNet.com at: Customer Service, Finon Corporation, 2931 Calle Gaucho San Clemente, CA 926734134, or email us at firstname.lastname@example.org. Any such disputes shall be resolved by BestBuysOnTheNet.com at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of BestBuysOnTheNet.com. In the event that an error is made by BestBuysOnTheNet.com, your sole remedy shall be the credit of the disputed rebate to your BestBuysOnTheNet.com account.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the BestBuysOnTheNet.com website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange County, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Orange County. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein shall remain in full force and effect. BestBuysOnTheNet.com's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between BestBuysOnTheNet.com and the Affiliated Merchants or between BestBuysOnTheNet.com s and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on BestBuysOnTheNet.com's behalf. This Agreement constitutes the entire agreement between you and BestBuysOnTheNet.com with respect to the Program.
We may assign this Agreement and your Cash Account at any time in our discretion. You may not assign your rights or obligations under this Agreement or your Cash Account.
You agree to notify us immediately if you change your name, your address, or your employer, if there are any errors in your Cash Account, if any unauthorized persons access your Cash Account, or if any of you dies, is declared incompetent, or is subject of a bankruptcy or insolvency proceeding.
27. Notify Us in Case of Errors or Questions About Cash Account
If you think your Cash Account is wrong, or if you need more information about a transaction write to us (on a separate sheet) at email@example.com. We must hear from you no later than 60 days after you found the error or problem.
In your letter, include the following information:
Your full name and account number.
The dollar amount of the suspected error.
A description of the error (and if possible, an explanation of why this may have occurred).
If you need additional information about what may be an error, describe the item in question.
28. Your Rights and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe there was no error.
Your only remedy for resolve with a disputed transaction will be to have BestBuysOnTheNet.com credit your account with the amount of cash back percentage of the transaction amount in question.