This Agreement sets forth the terms of use governing your
access to and use of bCorner.com's web site and all information,
products, software, services, features and materials contained
therein. This Agreement also describes your responsibilities
and limits our liability. Please read it carefully before
using our web site. BY ACCESSING THIS SITE, YOU ACCEPT
WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS
OF USE IN THIS AGREEMENT. We reserve the right, at
any time, to modify, alter or update our Terms of Use,
and you agree to be bound by such modification, alterations,
or updates once they are posted on the site. If you have
any questions about these terms of use, please contact
bCorner.com at support@bCorner.com.
bCorner.com acts solely as the venue and is not involved
in the actual transaction between sellers and buyers.
bCorner.com enables you to initiate on line transactions
for the purchase of products or services from certain
participating vendors. However, bCorner.com does not actually
sell such products or services, nor is it a party to any
transactions involving such products or services. Rather,
bCorner.com acts solely as the venue for passing orders
or request for information from users to participating
vendors. By submitting such an order or request through
the site, you authorize bCorner.com to pass along the
order or request to the relevant vendor. Consequently,
bCorner.com has no control over the quality, safety or
legality of the products or services offered by the sellers,
the truth or accuracy of the listings, the ability of
sellers to sell products or deliver services or the ability
of buyers to buy products or services. bCorner.com is
not responsible for the fulfillment of any request or
order passed from you to any participating vendor. You
acknowledge that such transactions are purely between
you and the relevant vendor. Should any dispute arise
regarding any such transaction, your only recourse will
be directly with the vendor. bCorner.com specifically
disclaims, and you hereby release bCorner.com from any
claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
You will be credited, subject to the terms of use enumerated
in this Agreement, either a flat fee or a percentage of
the net purchases made by you at one of the online merchants
affiliated with bCorner.com (an "Affiliated Merchant").
The flat fee and/or percentage will be enumerated on the
bCorner.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
agreement.
You will accrue Rebates only after the Affiliated Merchant
pays bCorner for your net purchases. Rebates awarded to
Members are subject to adjustment for returns, cancellations,
and other events. Such adjustments can be applied to Member
accounts at any time by bCorner.com at its sole discretion.
To become a member of bCorner.com, you must submit a complete
bCorner.com registration form on behalf of the entity
subscribing to bCorner.com services ("Member").
By submitting a registration form, you represent and warrant
that you are 18 years old or older. You also represent
and warrant that all clauses of the below (a) OR (b) are
true.
(a)
You are buying solely as a personal consumer or a sole
proprietorship; OR
(b) You are buying on behalf of your company and that
Member's business is authorized to operate as identified
on the registration form; AND
1.
You are authorized to sign for and bind the Member,
AND
2. That the Member is aware that you will be receiving
vDollars for using bCorner.com.
Member represents that the information on the form regarding
the Member is true and agrees to inform us, via email,
of any changes in the information set forth in the registration
form. bCorner.com will evaluate the application in good
faith and will notify Member in a timely manner regarding
the acceptance or rejection. If bCorner.com discovers
that any information provided by the Member is inaccurate,
incomplete or not current, bCorner.com may terminate the
Member's right to access and receive bCorner.com services.
Registration data and certain other information about
you are subject to our Privacy Policy. For more information,
please read our full privacy
policy.
Upon becoming a Member of bCorner.com, you are granted
a nonexclusive, nontransferable, limited license to access
and use the bCorner.com site in accordance with this Agreement.
You agree not to duplicate, publish, modify or otherwise
distribute the material on the bCorner.com sites unless
specifically authorized by bCorner.com.
In addition to use of bCorner.com services for any illegal
purposes, it is a violation of the Terms of Use Agreement
to: (I) use any device, software or technique to interfere
with or attempt to interfere with the proper working of
the bCorner.com site; (ii) post or transmit to the site
any unlawful, fraudulent, harassing, libelous, or obscene
information of any kind; (iii) post or send to the site
any information that contains a virus, bug or other harmful
item; (iv) publish, perform, distribute, prepare derivative
works, copy reverse engineer, or use the Content (other
than as expressly permitted herein); (v) post or transmit
into or on the site any information in violation of another
party's copyright or intellectual property rights; (vi)
take any action which imposes an unreasonable or disproportionately
large load on bCorner.com's infrastructure; (vii) redeliver
any of the content using "framing", hyperlinks
or other technology without bCorner.com's express written
permission; viii) abuse bCorner.com privileges by conduct
which is detrimental to the interest of bCorner.com, including
without limitation attempting to accrue rebates/credits
or spend credits in a manner inconsistent with the rules
of bCorner.com or intent of this Terms of Use, attempting
to earn rebates/credits through other than legitimate
channels, participating in redemption fraud, or tampering
with bCorner.com links, etc or, (ix) use any device or
technology to provide repeated automated attempts to access
password-protected portions of the site.
Posting Feedback/Rating The bCorner.com
services permit Members to submit feedback regarding the
services or products you have purchased through the site.
Because the feedback forms are an important part of the
services and will be relied upon by other Members, you
agree to base your feedback only on your direct experience,
to be accurate in your feedback and not include any information
that may be offensive or illegal. You also agree not to
manipulate the feedback scores of a member or undermine
the integrity of the feedback system by leaving positive
feedback for yourself using secondary User IDs or third
parties; leaving negative feedback for other members using
secondary accounts or third parties; or by posting feedback
more than once with respect to a particular experience
or set of related experiences (except if such information
is requested in more than one category). Because the feedback
ratings are not designed for any purpose other than for
facilitating the transaction between bCorner.com members,
we may suspend or terminate your account if you choose
to market or promote your bCorner.com feedback rating
in any venue other than bCorner.com. You agree to indemnify
bCorner.com for any violation of this Section.
bCorner.com processes feedback submitted and displays
that feedback (or the aggregation of the results of the
feedback) on the bCorner.com site. bCorner.com does not
screen the feedback that is posted, nor does it review
the feedback after it is posted. Therefore, bCorner.com
cannot be responsible for the content of the feedback,
or for any consequences of the feedback, either negative
or positive.
bCorner.com, however, reserves the right not to post,
or to remove any feedback or material without notice,
and without liability to bCorner.com. Member releases
bCorner.com from any claims or allegations that may result
from such removal. If bCorner.com is made aware of a feedback
that is potentially (i) libelous, scandalous, defamatory,
or otherwise unacceptable, undesirable or objectionable,
or (ii) a violation of any law, regulation, or rights
of a third party, including, but not limited to rights
under the copyright law and prohibitions on libel, slander
and invasion of privacy, then bCorner.com will investigate
the charge and determine at its discretion, whether removal
of the feedback is warranted, and may remove that feedback.
The bCorner.com sites may contain links or produce search
results that reference links to third party web sites
("Linked Sites"). Because bCorner.com has no
control over such sites and resources you acknowledge
and agree that bCorner.com is not responsible for the
availability of such sites and resources, and is not responsible
or liable for any advertising products, or other material
on or available from such sites or resources. bCorner.com
does not endorse the content of any Linked Site nor do
we warrant that a Linked Site will not contain computer
viruses or other harmful code that can impact your computer
or other web access device. By using the bCorner.com site
to search for or link to another site, you agree and understand
that such use is entirely at your own risk, and that you
may not make any claim against bCorner.com for any damages
or losses whatsoever resulting from such use.] If, however,
you experience a problem with a Linked Site, please let
us know at support@bCorner.com,
and we will investigate the link and take appropriate
action.
This web site contains many bCorner.com and third party
trademarks and service marks. bCorner, vDollars, iCorners
and others as indicated throughout the site are the trademarks
of bCorner.com. The names of actual companies and products
listed on the bCorner.com sites may be the trademarks
of their respective owners. All rights in the intellectual
property contained in this web site including copyright,
trademarks, trade secret and patent rights are reserved.
Access to this web site does not constitute a right to
copy or use any of the intellectual property of the bCorner.com
business or its suppliers. The content and software on
the bCorner.com site are proprietary property of bCorner.com
and/or its suppliers and vendors and are protected by
U.S. copyright and other intellectual property laws.
bCorner.com shall not be held responsible or liable for
any actions taken, either wholly or in part, based on
the information provided on bCorner.com, or for any loss,
damage, expense or injury resulting from any transactions
conducted with any online merchant or other third party
listed on bCorner.com. The information, services, products,
and materials contained in this web site or available
through our other services, including, without limitation,
all text, graphics, and links, are provided on an "AS
IS" basis. To the maximum extent permitted by law,
BCORNER.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, as well as representations and warranties
of title, non-infringement, freedom from computer viruses,
worms, and other operating problems, and implied warranties
arising from course of dealing or course of performance.
In addition, since bCorner.com cannot verify all information
provided by online merchants and other third parties,
bCorner.com does not represent or warrant that the information
accessible via our web site or other services is always
accurate, complete or current. Among other things, due
to the dynamic nature of online shopping, all information
regarding the price, description and availability of,
and any discounts, offers, promotions and coupons relating
to, any product or service offerings available on our
web site or through our other services is subject to change
without notice. BCORNER.COM SHALL NOT HAVE ANY LIABILITY
OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE,
OR INJURY YOU MAY SUSTAIN THROUGH YOUR USE OF ANY THIRD
PARTY PRODUCTS OR SERVICES, whether or not they were accessed
via our web site or other services.
If the Member breaches any of the terms or conditions
of this Agreement, or acts inconsistently with the rules
of bCorner.com or intent of this Terms of Use, bCorner.com
may, at its discretion, suspend, disable or terminate
any bCorner membership. Member understands and agrees
that disabling of membership will result in Member's inability
to redeem or earn credits. Member fully understands and
agrees that termination of membership will result in the
cancellation of all of Member's credits.
Members may terminate this Agreement by providing thirty
[30] days advance notice to bCorner.com. Upon termination
of this Agreement, for any reason, Member shall immediately
cease to use any bCorner.com services provided under this
Agreement. bCorner.com may modify this Agreement from
time to time, with or without notice, and your continued
participation after such modification shall be deemed
to be your acceptance of any such modification. It is
your responsibility to check the Terms of Use page of
bCorner.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
to use any bCorner.com services.
In no event shall bCorner.com or its affiliates or agents
(the "bCorner.com Parties") be liable, whether
in an action under contract, negligence, or any other
theory, arising out of or in connection with the use,
inability to use, or performance of the information, services,
products, and materials available from this web site or
through our other services, in an amount greater than
the lower of (i) the rebate amount of the merchandise
or service involved in the transactions or proposed transactions
as to which one or more bCorner.com Parties is held to
be negligent or otherwise responsible, or (ii) $100. You
and we agree that this is a fair allocation of risk based
upon the manner and cost by which bCorner.com's services
are provided to you, taking into account your ability
to take other measures or consult other resources in connection
with purchasing goods and services online. FURTHERMORE,
IN NO EVENT SHALL BCORNER.COM OR ITS AFFILIATES OR AGENTS
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if
we have been previously advised of the possibility of
such damages. These limitations shall apply notwithstanding
to any failure of essential purpose of any limited remedy.
Because some jurisdictions do not allow limitations on
how long an implied warranty lasts, or the exclusion or
limitation of liability for consequential or incidental
damages, the above limitations may not apply to you.
Member agrees to defend, indemnify, and hold harmless
the bCorner.com, its officers, directors, employees and
agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the site
or your breach of these terms of use. bCorner.com shall
provide notice to you promptly of any such claim, suit,
or proceeding.
We will do our best to resolve any problems or issues
that you may have with our services or us in a satisfactory
manner. If, however, we are unable to reach a mutually
satisfactory resolution, each of us agrees that any dispute
or controversy between us, or arising in any way out of
the use or operation of our web site or other services,
or any information, services, products, and materials
contained in this site or available through our other
services, shall be resolved by binding arbitration before
a single arbitrator of the American Arbitration Association
(AAA) in New York, New York, under the rules and procedures
of the AAA. The arbitrator shall have authority to resolve
all matters in dispute between us (subject to the legal
disclaimer and liability limitations set forth above),
including the applicability, scope and binding effect
of this arbitration agreement, and to award arbitration
costs and expenses to the prevailing party as determined
by the arbitrator. Notwithstanding the foregoing, either
party may pursue preliminary or injunctive remedies in
an appropriate judicial forum pending the decision of
the arbitrator, without waiving the right or affecting
the obligation to arbitrate hereunder.
Our web site and other services are operated and provided
in the State of New York, USA. As such, we are subject
to the laws of the State of New York, and such laws will
govern these Terms of Use, without giving effect to any
choice of law rules. We make no representation that our
web site or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose
to access our site or other services, you agree to do
so subject to the internal laws of the State of New York.
You are in the best position to know whether your use
of our site or other services may be prohibited or restricted
by local laws in your location, and therefore are responsible
for compliance with any such laws. This is the entire
agreement and understanding between us regarding the subject
matter hereof, and may only be modified as provided above.
If any provision of these Terms of Use shall be unlawful,
void or unenforceable for any reason, the other provisions
(and any partially-unenforceable provision) shall not
be affected thereby and shall remain valid and enforceable
to the maximum permissible extent. These Terms of Use
shall apply in addition to, and shall not be superseded
by, any other written agreement between us relating to
your participation as a bCorner.com Member or participation
in any other program or service offered by bCorner.com.
As set forth in our Privacy
Policy, we generally do not disclose any customer
information to third parties without the consent of the
customer. However, such disclosure may be necessary to
investigate alleged violations of this Agreement or to
otherwise protect our rights or property. Disclosure to
authorized governmental authorities may also be necessary
and will be undertaken only as prescribed by applicable
law. Disclosure of customer information may also be compelled
by civil legal process.
If you have any questions, comments, or concerns about
our Terms of Use Policy, you may contact us at support@bCorner.com.