Terms of Service
BeeSavy, LLC ("BeeSavy" or "we") is pleased to give you access to BeeSavy.com (this "website"). By registering, you are indicating that you have read and that you agree to these terms. You understand that we may update these terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new or updated features or services that we put on our website will be subject to these terms.
BY USING THIS WEBSITE, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE.
BeeSavy is an online shopping engine that combines price comparison with cash back discounts and online coupons.
CASH BACK PAYMENT METHOD
BeeSavy pays its members by check, sent through postal mail, and electronically via PayPal.
To join BeeSavy and use our services, you must be at least 18 years of age. If you are under 18 years of age, you may join BeeSavy only with the supervision and consent of your parent or legal guardian. If you are under 13 years of age, you may not join BeeSavy. All members receiving payments via check must be U.S. residents. You must have Internet access and an email address to use BeeSavy and we are not responsible for your inability to connect to the Internet, access our website or your account.
You are responsible for maintaining accurate account information at all times, including valid email and mailing addresses. You are responsible for keeping your email address, mailing address, password, and all other private information confidential. BeeSavy is not responsible for any changes made to your account by any party that uses your email address and password.
Furthermore, referral tools such as banners and email tools are provided as a convenience to help users promote BeeSavy. It is the users' responsibility to obey all laws including anti-spam laws and fair use laws. Banners may only be placed on sites for which you have the authority to post such material and such sites must be suitable for a general family audience. Publicizing BeeSavy on any website with inappropriate or adult material is expressly forbidden and will result in termination of your account and forfeiture of any cash back or monies due with absolutely no recourse provided. In case of dispute regarding "appropriate use," it is at the sole discretion of BeeSavy.
We will provide you with links on the BeeSavy website to the websites of affiliated merchants. When you click one of these links and make a qualifying purchase at that merchant's website, you will receive the specified amount of cash back. We will make every effort to accurately track and report your qualifying purchases, but you will not hold us liable for any delays or failures in tracking or reporting that are the fault of the merchant in reporting your purchase to us. Furthermore, you will not hold us liable for any technical failures that delay or prevent your purchase, and therefore your possible earnings from being reported to us. If you have disabled cookies or other technologies used in tracking purchases, this may be the cause of such technical failure. Other causes may include:
- You used a coupon from another website or from an email directly from the merchant.
- You added the item(s) to your shopping cart before clicking through from BeeSavy.com.
- Your purchase was for a gift card or was paid for with a gift card.
- You used a third party payment service such as Google Checkout to pay for the order.
- You closed your web browser window before completing your purchase.
- Your browser is not configured to accept cookies.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THIS WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE BEESAVY, ITS AFFILIATES AND ANY THIRD PARTIES UNDER CONTRACT WITH BEESAVY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using this website, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "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."
Occasionally purchases at our affiliated merchants' websites will not generate commissions for BeeSavy. These include, but are not limited to, gift certificates, gift cards, and other items. BeeSavy is not obligated to pay cash back for purchases that do not generate a commission for BeeSavy. If you return an item to a merchant AFTER receiving your cash back check for the purchase of that item, BeeSavy has the right to recover these earnings from you and may take necessary actions, including check cancellation or deductions from your merchant return credit.
If your user account is inactive for 365 consecutive days, you hereby release all rights to cash in your account which shall automatically and immediately vest in BeeSavy without any requirement of notice to you.
Furthermore, if you fail to make a purchase through your account for 90 consecutive days, you hereby release all rights to referral cash back for that period which shall automatically and immediately vest in BeeSavy without any requirement of notice to you.
The currency of all payments will be U.S. Dollars. We will only send out payments once you have at least $10.00 of available money (this includes cash back). Your cash back on a specific purchase will become available once the return time on that purchase has passed. Return times vary depending on the merchant but are generally (but not always) 60-90 days. Once the return time has passed we will deposit your earnings directly into your account and your earnings will become available for withdrawal. BeeSavy is not responsible for any event beyond the control of BeeSavy that would prevent you from receiving your payment. Such an event may include, but is not limited to, lost mail or an error made by you in typing your mailing address, or a change of address of which you have not notified BeeSavy. BeeSavy reserves the right to withhold payment of cash back indefinitely for any reason including: suspected fraud, merchant concerns, or unusual activity. If you feel your cash back payment is being improperly withheld, please contact us and we will be happy to work through the issue with you.
COPYRIGHT AND TRADEMARK INFORMATION
All content available on this website is © 2011 BeeSavy, LLC with all rights reserved, or is the property of third properties protected by intellectual property rights. All other trademarks displayed on this website are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between BeeSavy and these companies. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized person of BeeSavy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY BEESAVY ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEESAVY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THIS WEBSITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEESAVY SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. BEESAVY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR THE SERVICES. OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF BEESAVY'S CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEESAVY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEESAVY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THIS WEBSITE OR BOUGHT AND/OR SOLD USING THIS WEBSITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BEESAVY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEESAVY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold BeeSavy, its subsidiaries, affiliates, co-brand partners, and other parties with which BeeSavy is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of this website and/or your breach of these terms, and/or resulting from any and all content you submit to BeeSavy and/or this website. BeeSavy shall provide notice to you of any such claim, suit or proceeding.
These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Syracuse, New York, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in New York and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in New York and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
INTELLECTUAL PROPERTY OWNERSHIP AND COPYRIGHT INFRINGEMENT
BeeSavy disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). BeeSavy will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include BeeSavy removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to BeeSavy regarding matters other than informing BeeSavy that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process. Written notification must be submitted to the following Designated Agent:
Attn: Legal Department
201 E. Jefferson St
Syracuse, NY 13202
By Email: firstname.lastname@example.org
To be effective, your infringement notification must include the following:
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
- 3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BeeSavy to locate the material;
- 4. Information reasonably sufficient to permit BeeSavy to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
- 6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- 1. BeeSavy shall remove or disable access to the Third Party Content that is alleged to be infringing;
- 2. BeeSavy shall forward the written notification to the alleged infringer (the "Subscriber");
- 3. BeeSavy shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to BeeSavy's Designated Agent that includes substantially the following:
- 1. A physical or electronic signature of the Subscriber;
- 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- 3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";
- 4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which BeeSavy may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and BeeSavy will comply with this requirement within a reasonable time (or as otherwise required by law), provided BeeSavy's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on BeeSavy's network or system.
If any provision of these terms is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these terms and all agreements and notices incorporated herein may be automatically assigned by BeeSavy, in our sole discretion, to a third party. You may not assign your obligations to any other entity.