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| Conditions of Use |
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IMPORTANT
| | Please read this Member Agreement carefully before enrolling as a member of the AddedSavings Shopping Money Back program (the "Program"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member") you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing AddedSavings with your valid email address, a password, and current address. Participation in the Program and its benefits are offered at the discretion of AddedSavings, and AddedSavings has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice. |
ELIGIBILITY
| 1. You must be an individual, 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of AddedSavings. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. The Program is only available via access to the AddedSavings Web site (http://www. addedsavings.com). You must have Internet access, a valid email address and a valid current residential/business address to be eligible to receive the privileges and benefits of membership. AddedSavings is not responsible for your inability to connect to the Internet, log into the AddedSavings Web site, or access your AddedSavings account.
4. By agreeing to these terms, you also agree not to "spam" unknown individuals by sending them unwanted emails to solicit their membership at AddedSavings. Refusal to abide by this or any other rules may result in AddedSavings stripping you of referrals and/or canceling your membership. |
ACCRUAL OF DISCOUNTS
| 5. Members 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 AddedSavings (an "Affiliated Merchant"). The percentage will be enumerated on the AddedSavings 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 AddedSavings and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through AddedSavings Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a cash back reward 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 AddedSavings Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. For reliability of tracking we recommend you start your shopping trip at the AddedSavings.com website. 3) AddedSavings 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. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. All purchases must be started and completed in one shopping session within the AddedSavings shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate.
7. The determination of whether or not a purchase made through an AddedSavings Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of AddedSavings.
8. "Account Activation" is completed upon the making of a Qualified Purchase at any AddedSavings merchant site. In case of return or cancellation, AddedSavings retains the right to reverse account credit.
9. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by AddedSavings at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
10. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. AddedSavings may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
11. There are a number of purchases that are not eligible for accrual or payment of cash back rewards. For a complete list, click here to go to our FAQ page that lists ineligible purchases.
12. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your accout you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact AddedSaving's Help Desk. Furthermore, all cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by AddedSavings at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. AddedSavings reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.
13. AddedSavings 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 back rewards caused by such changes, discontinuance, or withdrawal. AddedSavings is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the AddedSavings site, we cannot guarantee that you will be eligible to receive an AddedSavings cash back reward on your purchases. |
PAYMENT SCHEDULE
| 14. Accrued cash back rewards will be dispersed to the Members on or around the 14th of each month. In order for an accrued cash back reward to be eligible for payment on the 14th of each month, the Qualified Purchase must occur 90 days prior to the payment date (by October 14th for a January 14th payment, by November 14th for a February 14th payment, by December 14th for a March 14th payment, by January 14th for an April 14th payment, by February 1st for a May payment, by March 14th for a June 14th payment, by April 14th for a July 14th payment, by May 14th for a August 14th payment, by June 14th for a September 14th payment, by July 14th for a October 14th payment, by August 14th for a November 14th payment, by September 14th for a December 14th payment ) due to the different return policies of different merchants (Some may have 30 day return policies and others may have 90 day return policies). Note that cash back rewards will post to accounts immediately. However, cash back rewards will become eligible to be paid out 90 days after purchases are posted to members' accounts.
15. It is your responsibility to keep your account information current in order to facilitate the payment of your cash back rewards. In the event that your information is not current at the time of payment, you forfeit all accrued cash back rewards to AddedSavings. AddedSavings pays members using PayPal. AddedSavings Customer Service will assist members in determining the cause of any non-payment by PayPal. If it has been determined that non-payment was caused by a process error in payment automation, all accrued cash back rewards will be re-paid in full. However, AddedSavings is not responsible for any misapplied PayPal payments (inaccurate email or contact information). For any claims pertaining to a PayPal payment, the member should contact PayPal support for assistance. AddedSavings will not make any replacement payments for misapplied PayPal payments. |
ACCOUNT ACCESS AND PASSWORD
| 16. Upon registration for the Program, you will select a password that will allow you to access your AddedSavings account (via the AddedSavings Web site) to verify transactions, check account balances, and modify your account information.
17. You must be logged into AddedSavings 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 AddedSavings Web site.
18. AddedSavings 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. AddedSavings is not responsible for any credits, debits or any other changes made to your account by someone else who uses your password. |
NONTRANSFERABILITY
| | 19. No cash back rewards earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by AddedSavings in writing. The sale or barter of any such cash back reward, other than by AddedSavings, is expressly prohibited. Accrued cash back rewards do 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 cash back rewards 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 back rewards from his or her account, and/or liability for damages and litigation and transaction costs. |
DISCLOSURE OF ACCOUNT INFORMATION
| 20. You authorize AddedSavings to disclose to third parties information you have provided, or information that AddedSavings has obtained about your AddedSavings account or shopping behavior: (i) to agents of AddedSavings 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 back rewards. Further, you authorize AddedSavings 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 AddedSavings.
21. By signing up for membership at AddedSavings, you agree to let us email you shopping-related emails as well as communications related to your account administration. You can opt-out to any or all of our marketing emails. Each of these can be unsubscribed to separately, or you can unsubscribe to our promotional emails in one step. Just head to your account page. Since we need to communicate account information with you in order to run your account, you can't unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. These are not promotional emails, and are only used to notify you about important information, payment didn't go through, that we are having problems sending you your cash back because of wrong account information, and so forth. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you a cash back reward, you can close down your account by contacting customer service. But frankly we'll be quite offended. |
DISCLAIMER
| 22. THE ADDEDSAVINGS PROGRAM ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADDEDSAVINGS 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.
23. ADDEDSAVINGS 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 ADDEDSAVINGS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE ADDEDSAVINGS WEB SITE, ADDEDSAVINGS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ADDEDSAVINGS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ADDEDSAVINGS 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 BACK REWARDS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT. |
LIMITATION OF LIABILITY
| 24. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH ADDEDSAVINGS 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 ADDEDSAVINGS OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY ADDEDSAVINGS. IN NO EVENT SHALL ADDEDSAVINGS BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY ADDEDSAVINGS IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE, OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF ADDEDSAVINGS, 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.
25. MEMBER AGREES TO INDEMNIFY AND HOLD ADDEDSAVINGS, 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 MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S 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 ANY MEMBER COMMUNICATIONS. |
TERMINATION OR CHANGES TO THE PROGRAM
| 26. AddedSavings reserves the right to terminate the Program at any time with notice. This means you will have ninety (90) days from the date notice of Program termination is provided to Members to redeem cash back rewards in your account. Notification of Program termination will be sent to the email address you provide to AddedSavings during the registration process. AddedSavings will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of AddedSavings, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform AddedSavings of a change in your email address.
27. AddedSavings 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 Conditions of Use page of the AddedSavings 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. |
TERMINATION OF MEMBERSHIP
| | 28. Membership in the Program is subject to the Program Conditions of Use. Any failure to comply with the Program Conditions of Use, any fraud or abuse relating to the accrual or redemption of cash back rewards, or any misrepresentation of any information furnished to AddedSavings 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 AddedSavings account and/or forfeiture of your accrued cash back rewards. AddedSavings reserves the right to close accounts that have been inactive for more than 24 months. We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any account that is closed will have all funds in it taken back by AddedSavings, and will no longer allow user login under that username and password. If there is over the minimal payout amount in a Dead Account, AddedSavings will attempt to contact the holder of the Dead Account. Remember, we'd much rather have a happy customer than a closed account. But if you haven't come by in a year, and no reply is received to our attempt to give you money within 30 days, AddedSavings will close the account and take back any funds therein. |
DISPUTES/ERRORS
| | 29. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, contact the Help Desk. Any such disputes shall be resolved by AddedSavings at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of AddedSavings. In the event that an error is made by AddedSavings, your sole remedy shall be the credit of the disputed cash back reward to your AddedSavings account. |
MISCELLANEOUS
| 30. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. As a condition of the use of the AddedSavings website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of NY,NY and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of New York City. 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 will remain in full force and effect. AddedSavings' 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 AddedSavings and the Affiliated Merchants or between AddedSavings and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on AddedSavings' behalf. This Agreement constitutes the entire agreement between you and AddedSavings with respect to the Program. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
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