Bright Bucks Terms And Conditions
Bright Bucks, Inc., and its affiliates (the “Company”) own and operate a number of different websites, mobile apps, and interactive services (collectively, the “Bright Bucks Sites”). These Terms and Conditions (“Terms”) apply to the Bright Bucks Sites and to all of the features, mobile applications, emails, online services and other functionalities (collectively, the “Features”) available via or related to the Bright Bucks Sites, whether accessed via a computer, mobile device, or otherwise (collectively, the “Bright Bucks Sites and Features”).
2. Use of Bright Bucks Sites and Features
You agree to use the Bright Bucks Sites and Features and the services available on or through the Bright Bucks Sites and Features (the “Services”) only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Bright Bucks Sites and Features and our Services solely as provided herein. You may download material displayed on the Bright Bucks Sites and Features for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Bright Bucks Sites and Features, including any text, images, audio, and video, for public or commercial purposes without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Bright Bucks Sites and Features and our Services is not transferable. You acquire no rights or licenses in or to the Bright Bucks Sites and Features and materials contained therein other than the limited right to access and utilize the Bright Bucks Sites and Features and our Services in accordance with these Terms. If you are accessing the Bright Bucks Sites and Features via any of our applications available via third parties (collectively “Third Party Outlets”) including, without limitation, Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the Third Party Outlets are a party to these Terms. The Third Party Outlets are not sponsors to, nor are in any way affiliated with, any of the Company’s Promotions (defined below), any of our Services, or the Bright Bucks Sites and Features.
3. Login ID and Password
If you sign up for a Bright Bucks Feature or Service, you will set up a unique login name (“BrightBucks User ID”) and password. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Bright Bucks User ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. If you access the Services through a Third Party Outlet, we may require that your Bright Bucks User ID be the same as your user name on the Third Party Outlet, and you consent to have your Third Party Outlet account information transmitted into your Bright Bucks account. You are responsible for selecting a sufficiently secure and unique password and for maintaining the confidentiality of your password. You are responsible for all activities that occur under your password, whether or not authorized by you.
4. User Representations and Warranties
By using the Bright Bucks Sites and Features or our Services, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use the Bright Bucks Sites and Features and our Services only as permitted by these Terms, and any applicable Additional Terms, and not for any unlawful purpose; and (iii) are eighteen (18) years of age or older. If you are under the age of 18, you are not allowed to use the Bright Bucks Sites and Features or our Services. Some offerings on the Bright Bucks Sites and Features or our Services may be subject to additional age restrictions.
5. Sweepstakes, Contests and Promotions
Any sweepstakes, contests or promotions (collectively, “Promotions”) that may be offered via any of the Bright Bucks Sites and Features or our Services may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof. Unless specifically stated within any applicable Additional Terms, Third Party Outlets are in no way associated with the Company’s Promotions.
6. Rewards Programs
Overview. The Company may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to earn cash rewards. Not all of the Bright Bucks Sites and Features offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn rewards (“Activities”). The Company may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any rewards or potential rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any rewards you may have accrued, at any time without prior notice to you.
Transaction Monitoring. You may be required to register a payment card in connection with monitoring of Rewards Programs. You hereby authorize Figg, Inc. to share your payment card information with payment card network, such as MasterCard, Visa or American Express, as verification of your enrollment. You authorize payment card network(s) to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for payment card network to share such transaction details with Bright Bucks, Inc. and Figg, Inc. to enable your card-linked offers. You may opt out of transaction monitoring on the payment card(s) you have registered by using the “Contact Us” link or clicking the “Opt-Out” link in the Card-Linked Offers section of the app Profile, or by mail to: Bright Bucks, Inc.,17503 La Cantera Parkway Suite 104-285, San Antonio, TX 78257, Attention: Customer Service.
Card Eligibility. Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
Transaction Eligibility. Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
Debit Instructions. If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.
Double Enrollment Restrictions. Please note that we use Figg, Inc. as our service provider to help us operate our program. Your payment card may only be enrolled in one program operated by Figg, Inc. If you have already enrolled a payment card with a separate program operated by Figg, you will be unable to register that card in both Rewards Programs and the other Figg-operated program. You may enroll another payment card in a Rewards Program or deactivate your card in the other Figg–operated program.
Opt Out. To opt out of our program and unlink your cards, you must follow the steps below:
1. Go to My Enrolled Cards (in the Card-Linked Offers section of the app Profile)
2. Click on the X icon
3. Confirm you want to remove card
4. You must repeat this process for every card you delete
Earning Rewards. Rewards may be earned in a Rewards Program by participating in certain Activities, as described in the applicable Bright Bucks Sites and Features. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the rewards associated with completing that Activity so long as the Company and/or its third-party Rewards Program affiliates are able to properly track your valid and completed eligible Activities. For avoidance of doubt, Company shall not be responsible for, nor shall Company be obligated to award rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Company’s or its third-party Rewards Program affiliates’ policies, procedures and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request and verify receipts of completed purchases prior to or in connection with the awarding of rewards for shopping Activities in order to verify with the applicable merchant that such purchases are valid. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the rewards you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number or amount of rewards required.
Redeeming Rewards. . You may redeem rewards you have earned offered in a Rewards Program pursuant to these Terms and any applicable Additional Terms. Supplies may be limited. Rewards may be awarded on a first-come, first-serve and while-supplies-last basis. Rewards may be given to you as a bonus for account or card registration. If you attempt to redeem a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, provide you with a reward of equal or greater value. No credit, reversal, or refund of rewards will be issued for any reason after rewards have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward. Some rewards may have eligibility requirements and in that case the Company reserves the right to verify your identity (by requesting a photocopy of your driver’s license or state ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to fulfilling any reward in any Rewards Program, or otherwise providing you with any benefit.
For the Bright Bucks Card-Linked Offers Program, Card-Linked Offers rewards are redeemable along with other Bright Bucks rewards as displayed in the Bright Bucks Sites and Features which may be found in the Transaction History Section. Any Card-Linked Offer requires user activation before it is eligible for rewards subject to Additional Terms as may be specified and remain activated at the time of purchase. For any individual Bright Bucks Card-Linked Offers Program Transaction, there is a maximum individual reward of $250.00 USD. Company and/or it’s Third Party Offer Network Partners may alter, remove, or end the offer and its rewards at any time up to the point of purchase without prior notice.
You must have at least $20.00 USD of Bright Bucks redeemable earnings (the “Liquidation Cap”) in order to initiate a redemption request. All redeemable earnings with a value less than the Liquidation Cap belong to Company. Company may change the Liquidation Cap from time to time in its sole discretion and will revise and update the Terms accordingly. All changes are effective immediately when posted and apply to all rewards redemption thereafter.
In order for any rewards or Bright Bucks Card-Linked Offers Program rewards to be redeemed, you must:
1. Go to the Redeem Section of the Bright Bucks App
2. Select Method of Redemption (Transfer to Account or Make a Donation)
3. Select a Bank Account (or add a Bank Account) or Select an organization to Donate to
4. If Transferring to Account, Select Bank Account and Click “Start Transfer”
5. Confirm Redemption Amount by entering the value in the field presented (you must have at least $20.00 USD of redeemable rewards in order to initiate a redemption.)
6. Confirm Amount by selecting the button “Donate” or “Transfer to Account”
7. Receive Confirmation that Donation or Transfer request has initiated and is reflected by the same value deduction in the Bright Bucks Redeemable Earnings.
Delivery of Rewards. Rewards will be delivered to the account that you provided when you registered (“Account”) for the applicable Rewards Program. Processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited.
Rewards Non-transferable. Rewards are non-transferable, may not be bartered or sold, and are void if a transfer is attempted, and such rewards and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Inactive Accounts. Any Account that has not been logged into and rewards either earned or redeemed for one (1) year or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations and requirements as Company may impose from time to time) you may reach Company by using the “Contact Us”, “Contact Member Services” or similar contact link of any of the Bright Bucks Sites. Company may modify inactive Account rules and policies in Company’s Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, Company may close your Account, without any compensation or further obligation to you.
Rewards Expiration. Rewards that have not been redeemed for two (2) years from the time such rewards were earned or awarded may be deemed expired and removed from your Account. In such instances, you may submit a requests for re-crediting of the expired rewards to the Account (subject to such terms, limitations and requirements as Company may impose from time to time) by using the “Contact Us”, “Contact Member Services” similar contact link on the Bright Bucks Sites. Company may modify rewards expiration rules and policies from time to time, and if your rewards expire pursuant to such then-current rules or policies, Company may remove such rewards from your Account, without any compensation or further obligation to you regarding the expired rewards.
Account Maintenance Fees. If you do not redeem at least one offer during any 180 day period, BrightBucks will deduct from your account, on a monthly basis, the lesser of (i) $3.99 USD, or (ii) the amount then reflected in your BrightBucks account (in either case, an “Account Maintenance Fee”). No Account Maintenance Fees will be charged or deducted during the first six months after you initially register for your BrightBucks account. BrightBucks will attempt to notify you before any Account Maintenance Fee is deducted from your account, or if the Account Maintenance Fee amount changes, by sending you an email to the address we have on file for you. Subject to BrightBucks’ right to terminate your account under these Terms, BrightBucks will stop charging your account for Account Maintenance Fees for six months if you redeem at least one offer. Under no circumstances will you pay an Account Maintenance Fee with anything other than amounts in your BrightBucks account. If your balance reaches $0.00, your balance will remain at that amount until you earn more rewards or your account is terminated in accordance with these Terms. In the event you have a linked loyalty card with BrightBucks and you receive rewards for offers that you do not add to your BrightBucks account, and then you subsequently become inactive, BrightBucks will suspend your ability to earn rewards for offers in that manner. In order to keep earning cash back for Offers that you do not add to your shopping list, you must complete any one of the following actions during the prior ninety (90)-day period: (a) open BrightBucks’ mobile application; or (b) open a BrightBucks email.
Escheatment. Under applicable state law, property which is presumed abandoned may under certain circumstances escheat to the applicable state after a certain amount of time, as determined by the law applicable in the state in which you reside (or of your last-known state of residence). You accept and agree that any amounts that remain in your BrightBucks account after such statutory period will be reported to your state of residence as unclaimed property, and BrightBucks may be required to escheat any funds remaining in your BrightBucks account to your last-known state of residence. BrightBucks shall have no liability to you, your respective heirs, legal representatives, successors and assigns, or any other party, should any or all of the remaining funds in your BrightBucks account escheat by operation of law.
7. Intellectual Property
You acknowledge that the Bright Bucks Sites and Features have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Bright Bucks Sites and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Bright Bucks Sites and Features are also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Bright Bucks Sites and Features or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Bright Bucks Sites and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
8. Reporting Copyright Infringement – DMCA Policy
If you believe that any content, user-posted materials, or any other material found on or through the Bright Bucks Sites and Features or our Services, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:
Written notices must be sent either: a) electronically to dmca@BrightBucks.com with subject line “DMCA Takedown Request”. Emails sent to dmca@BrightBucks.com for purposes other than communication about copyright infringement may not be answered; or b) via certified mail (with a confirmed receipt requested) to: DMCA Notice, Bright Bucks, Inc.,17503 La Cantera Parkway Suite 104-285, San Antonio, TX 78257; Attention: Copyright Agent.
Each written notification must contain the following information to be deemed a valid notice:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
2. description of the copyrighted work that you claim has been infringed;
3. description of where the material that you claim is infringing is located on the Bright Bucks Sites and Features that is reasonably sufficient to enable us to identify and locate the material (for example, a complete list of specific URLs);
4. your physical mailing address, telephone number and email address;
5. statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
9. Your Conduct
You agree that you will not engage in any activity that interferes with or disrupts the Bright Bucks Sites and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the Bright Bucks Sites and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the Bright Bucks Sites and Features and/or our Services, including, without limitation, any Do’s and Don’ts or other guidelines posted on any of the Bright Bucks Sites and Features. You agree to comply with the instructions set out in any robots.txt file present on the Bright Bucks Sites and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the Bright Bucks Sites and Features or our Services in order to:
- access (or attempt to access) any of our Services by any means other than through the interface that we provide;
- share a single Account with any person other than the registered Account holder;
- create and/or use multiple Accounts (i.e. only one Account is permitted per person);
- maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;
- submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the Bright Bucks Sites and Features or our Services;
- post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
- post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion, whether on any Bright Bucks Sites and Features or on any other web site or application;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or access to or functionality of the Bright Bucks Sites and Features;
- violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Bright Bucks Sites and Features or our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain account information, passwords or other private information from other members;
- improperly use support channels or complaint buttons to make false or frivolous reports to the Company or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
- develop, distribute, make use of, or publicly inform other members of: “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications;
- share or distribute survey IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering surveys;
- abuse any of our Services in a manner that does not reflect normal or appropriate human usage, such as conducting excessive searches or other Activities in our Rewards Programs for the sole or primary purpose of receiving cash, as we may determine in our sole discretion; or
- exploit, distribute or publicly inform other members of any error, miscue or bug (“Error”) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services. If you find an Error, we kindly request that you report it to our appropriate support team by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of any of the Bright Bucks Sites, or by mail to: Bright Bucks, Inc., 17503 La Cantera Parkway Suite 104-285, San Antonio, TX 78257; Attention: Customer Service.
If we determine in our sole discretion that you have violated these Terms, the Company may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using our Services. However, you acknowledge and agree that the Company need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the Bright Bucks Sites and Features and our Services for any reason, at its sole and absolute discretion.
10. Communications Channels
The Bright Bucks Sites and Features and our Services may include communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Services users. The Company has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole and absolute discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
11. Disclaimer of Warranties; Limitation of Liability; Indemnification
To the fullest extent permissible pursuant to applicable law, Bright Bucks and its affiliates, licensors, and suppliers (including payment card networks and payment processors) expressly disclaim any warranties, express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for any particular purpose, and non-infringement. Bright Bucks and its affiliates, licensors, and suppliers (including payment card networks and payment processors) do not warrant the data, content, analytics, features, or information provided through the Programs, including without limitation transaction data or user submissions or other data provided by other users, to be uninterrupted, accurate, useful, or free of errors, viruses, or other harmful components. You agree that your use of the Bright Bucks Sites and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company, and its affiliates, partners, employees, and agents, provides all content on the Bright Bucks Sites and Features and Services on an “as is” basis, without guarantees, warranties and representations, either express or implied, in connection with our Services, the Bright Bucks Sites and Features and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the Bright Bucks Sites and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, nor inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Bright Bucks Sites and Features or our Services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our Bright Bucks Sites and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Bright Bucks Sites and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority. To the fullest extent permitted by applicable law, in no event will the Company, and each of its affiliates, partners, employees, agents, and payment card networks and payment processors, including without limitation Visa and MasterCard and American Express, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any lost profits or lost data arising from or related to the Program or your use of the Bright Bucks Sites and Features, our Services or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree to indemnify and hold the Company, and each of its affiliates, partners, employees, agents, and payment card networks and payment processors, including without limitation VISA and MasterCard and American Express, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Bright Bucks Sites and Features or our Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the Bright Bucks Sites and Features or our Services; and/or (v) any content you post or share on or through the Service. You agree that the Company, its affiliates, partners, employees, agents, and payment card networks and payment processors, including without limitation VISA and MasterCard and American Express, will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Account(s), including without limitation any cash, rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any cash, rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in Company’s sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the cash balance or value of any Account(s). All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law. Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company’s sole option. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the Bright Bucks Sites and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (ii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.
12. Compliance with FTC Guidelines on Endorsements/Testimonials
If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf ) (“Guidelines”). For example, if you have been paid or provided with free products in exchange for discussing or promoting a Bright Bucks product or service, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Bright Bucks services, you agree to comply with the Guidelines’ requirements for disclosing such relationships. You, and not Bright Bucks, are solely responsible for any endorsements or testimonials you make regarding any product or service made on or through Bright Bucks’ services.
Providing Notice of a Claim. A party who intends to bring a legal claim for loss or damages against the other must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice to Bright Bucks must be sent to our customer service address at: Bright Bucks Dispute Resolution, Bright Bucks, Inc., 17503 La Cantera Parkway Suite 104-285, San Antonio, TX 78257 Attention: Legal Department. The Notice must include: (1) the nature and basis of your dispute or claim; (2) identification or enclosure of all relevant documents and information; and (3) a description of the specific relief that you seek. The receiving party must make a good faith effort to resolve the Dispute or Claim within a reasonable time (at least 60 days). The parties agree to negotiate in good faith with each other to resolve the Dispute of Claim prior to instituting a formal action.
14. Tax Matters
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the cash, rewards, prizes, or credits you earned or redeemed in any Rewards Program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Bright Bucks Sites and Features or our Services, including liability arising from your accrual of Rewards Program cash or your redemption of such cash for other value. As a condition of your continued use of the Bright Bucks Sites and Features and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your cash, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your use of the Bright Bucks Sites and Features and our Services, and any associated cash, rewards, prizes, or credits earned or redeemed.
15. Notification of Changes
We reserve the right to make changes to these Terms from time to time in our sole discretion. Bright Bucks may, but is not obligated to, give you notice when we make a material change to the Services that adversely affects you. If we decide to change these Terms, we will post those changes on the Bright Bucks Sites and Features.
16. International Users
The Bright Bucks Sites and Features are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Bright Bucks Sites and Features are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Bright Bucks Sites and Features are illegal is prohibited. You may not use the Bright Bucks Sites and Features or export the content or products in violation of U.S. export laws and regulations. If you access Bright Bucks Sites and Features from a location outside of the United States, you are responsible for compliance with all local laws.
17. Excluded Users and Territories
You are not permitted to download or use any of the Bright Bucks Sites and Features or our Services, including making any purchases of products or services from the Company, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation.
The Company’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that (except as otherwise provided in Paragraph 11) the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in a writing signed by the party to be charged or as otherwise expressly provided herein. These Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You may not assign your rights or obligations hereunder without the Company’s prior written consent, and any such unauthorized assignment shall be null and void.
19. Contact Us
If you have any questions or concerns regarding these Terms or your use of any Bright Bucks Sites and Features or our Services, please contact us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of any of the Bright Bucks Sites, or by mail to: Bright Bucks, 17503 La Cantera Parkway Suite 104-285, San Antonio, TX 78257, Attention: Legal Department.