Terms and Conditions - VirtualDiscountCard.com
IMPORTANT
Please read this USER Agreement (the "Agreement") carefully before using the VirtualDiscountCard Shopping Cash Back Rewards Program (the "Program"). This Agreement explains the terms and conditions governing participation in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By participating as a USER in the Program (a "USER") you agree to be bound by the Program Terms and Conditions. Participation is defined as providing VirtualDiscountCard with your valid email address when initiating a shopping session with one of the participating USER sites. Participation in the Program and its benefits are offered at the discretion of VirtualDiscountCard, and VirtualDiscountCard 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. USERs must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of VirtualDiscountCard.
3. The Program is only available via access to the VirtualDiscountCard Web site (http://www.VirtualDiscountCard.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of USERship. VirtualDiscountCard is not responsible for your inability to connect to the Internet, or log onto the VirtualDiscountCard Web site.
ACCRUAL OF DISCOUNTS
4. USERs 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 VirtualDiscountCard (an "Affiliated Merchant"). The percentage will be enumerated on the VirtualDiscountCard 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 USERship and/or Operating Agreement document, whichever is less. All Affiliated Merchant USERship and/or Operating Agreements as they relate to their affiliate or partner programs with VirtualDiscountCard and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
5. As a User, purchases made through VirtualDiscountCard 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 VirtualDiscountCard Web site after entering a valid PayPal email address and being successfully connected to the Affiliated Merchant's Web site based upon that click. 3) VirtualDiscountCard 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. 4) All purchases must be started and completed in one shopping session within the VirtualDiscountCard shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate. 5) Users must not use coupons not listed on the VirtualDiscountCard website. 6) Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase.
6. The determination of whether or not a purchase made through an VirtualDiscountCard Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of VirtualDiscountCard.
7. In case of return or cancellation, VirtualDiscountCard retains the right to reverse account credit.
8. If an Affiliated Merchant fails to report a transaction to VirtualDiscountCard, or withholds payment to VirtualDiscountCard for a particular transaction for any reason, VirtualDiscountCard reserves the right to cancel the cash back reward associated with that transaction. Cash back rewards awarded to USERs are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to USER accounts at any time by VirtualDiscountCard at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
9. 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. VirtualDiscountCard 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.
10. It is your responsibility to check your PayPal 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 45 days but no more than 90 days after completing a Qualifying Purchase to contact VirtualDiscountCard Customer Care. Furthermore, all cash back rewards earned by USERs are subject to review. Necessary adjustments may be applied to USER accounts at any time by VirtualDiscountCard at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your USERship in the Program. VirtualDiscountCard reserves the right to terminate any users access for abusive or fraudulent activity, or if the USER is no longer reachable at the e-mail address provided.
11. VirtualDiscountCard 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. VirtualDiscountCard is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the USER's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the VirtualDiscountCard site, we cannot guarantee that you will be eligible to receive an VirtualDiscountCard cash back reward on your purchases.
PAYMENT SCHEDULE
12. Payment of eligible cashback will be made upon receipt of monies owed by Affiliate Merchant directly into the users PayPal account using the email address provided at the time of initiating the shopping session through VirtualDiscountCard. Each cashback reward will post seperately to USERs PayPal accounts. Payments will typically be received between 45 and 90 days after the transaction is completed.
13. 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 VirtualDiscountCard. If an error occurs in payment, VirtualDiscountCard Customer Service will assist USERs in determining the cause of any non-payment, be it by PayPal or check. If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued cash back rewards will be re-paid to you in full. However, VirtualDiscountCard is not responsible for any misapplied PayPal payments if these errors were caused by inaccurate email or contact information provided by the user. We are also not liable for errors made by PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
DISCLOSURE OF ACCOUNT INFORMATION
14. You authorize VirtualDiscountCard to only disclose to third parties information you have provided: (i) to agents and licensors of VirtualDiscountCard 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 VirtualDiscountCard to receive any account information from any Affiliate Merchant including, but not limited to information regarding purchase was made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to VirtualDiscountCard.
DISCLAIMER
15. THE VIRTUALDISCOUNTCARD PROGRAM IS BEING PROVIDED TO USERS "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRTUALDISCOUNTCARD 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.
16. VIRTUALDISCOUNTCARD 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 VIRTUALDISCOUNTCARD INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE VIRTUALDISCOUNTCARD WEB SITE, VIRTUALDISCOUNTCARD DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, VIRTUALDISCOUNTCARD DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND VIRTUALDISCOUNTCARD 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
17. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH VIRTUALDISCOUNTCARD HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF VIRTUALDISCOUNTCARD OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY VIRTUALDISCOUNTCARD. IN NO EVENT SHALL VIRTUALDISCOUNTCARD 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 VIRTUALDISCOUNTCARD 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 VIRTUALDISCOUNTCARD, 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.
18. USER AGREES TO INDEMNIFY AND HOLD VIRTUALDISCOUNTCARD, 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 USER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY USER, OR THE INFRINGEMENT BY USER, OR OTHER USER OF THE PROGRAM USING THE USER'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 USER COMMUNICATIONS.
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TERMINATION OR CHANGES TO THE PROGRAM
19. VirtualDiscountCard reserves the right to terminate the Program at any time. VirtualDiscountCard will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of VirtualDiscountCard, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform VirtualDiscountCard of a change in your email address.
20. VirtualDiscountCard 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 user Agreement page of the VirtualDiscountCard 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.
DISPUTES/ERRORS
21. 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, to VirtualDiscountCard Customer Care. Any such disputes shall be resolved by VirtualDiscountCard at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of VirtualDiscountCard. In the event that an error is made by VirtualDiscountCard, your sole remedy shall be the credit of the disputed cash back reward to your VirtualDiscountCard account.
MISCELLANEOUS
31. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. As a condition of the use of the VirtualDiscountCard website and service, you (the user) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Travis. 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. VirtualDiscountCard' 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 VirtualDiscountCard and the Affiliated Merchants or between VirtualDiscountCard and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on VirtualDiscountCard' behalf. This Agreement constitutes the entire agreement between you and VirtualDiscountCard with respect to the Program.
