BondRewards® Terms of Use
Last Updated August 5, 2010
Lealta Media, Inc. ("Lealta", "we," "our," or "us"), owns and operates the BondRewards® program ("BondRewards" or the "Program"). These Terms of Service, along with the BondRewards Privacy Policy (the "Privacy Policy"), govern your use of this website, www.bondrewards.com (the "BondRewards Website"), whether or not you elect to join BondRewards. If you elect to join BondRewards, these Terms of Service also govern your participation in the Program. These Terms of Service and the Privacy Policy together comprise your agreement with us and you expressly agree to these Terms of Service and the Privacy Policy as a condition of your use of the BondRewards Website and your enrollment in BondRewards.
We use the words "you" and "your" throughout these Terms of Service to refer to you as both a non-member user of the BondRewards Website and, where the context requires, a member of BondRewards. If you elect to join BondRewards, we also refer to you in these Terms of Service as "member."
Membership
Only individuals eighteen (18) years or older and residing in the United States (the "U.S.") may enroll in BondRewards and become a member. The Program is not directed to or intended to be used by children under the age of eighteen (18) years. If you are under eighteen (18) years old, do not use or access the BondRewards Website or join BondRewards. BondRewards membership is limited to one account per individual. We do not charge a membership fee to participate in BondRewards.
Electronic Signature
By enrolling as a member of BondRewards, you (i) consent to the electronic communication and delivery of all documents related to BondRewards, (ii) agree that your act of clicking "I agree" to these Terms of Service is a binding form of your electronic signature, which binds you to the these Terms of Service and the Privacy Policy, (iii) represent that you have internet access and a valid email address enabling you to access the BondRewards Website and to receive communications and documents from us electronically, and (iv) represent that you have a printer or other device to print or save communications and documents from us, including, without limitation, these Terms of Service and the Privacy Policy, and that you have printed or otherwise saved a copy of these documents for your records.
This consent is effective at all times that you remain a BondRewards member. However, you may withdraw your consent to promotional emails in accordance with our Privacy Policy. You may also request a paper copy of these Terms of Service and the Privacy Policy at any time by contacting us in the manner described at the end of these Terms of Service (under "Contact Us").
BondRewards® Website
Proprietary Rights to Content and Other Intellectual Property
You acknowledge that the BondRewards Website and emails contain proprietary content owned by us or our licensors and service providers (including, but not limited to, text, sound, photographs, graphics, or other material contained in any BondRewards communication, advertisement, or message, whether from us or any of our advertisers or merchant partners). The Program service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, you are only permitted to use content, services or software as expressly authorized by us or our advertisers and merchant partners, as the case may be.
You further acknowledge that the BondRewards Website contains certain trademarks and service marks of Lealta, including without limitation BondRewards® and BondDollars™. You have no right or ability to use such trademarks or service marks unless expressly permitted by us in writing. In addition, you agree the distinctive and original layout and presentation of the BondRewards Website and any emails delivered by us constitutes protectable trade dress under applicable law.
Any violation of our intellectual property or other proprietary rights may be pursued to the fullest extent allowed by law.
Use of the BondRewards® Website
You may download and/or print one (1) copy of the BondRewards Website's content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of the BondRewards Website without our prior written consent.
Modifications
We reserve the right to change these Terms of Service and the Privacy Policy, and/or any part thereof, at any time. You understand the most recent versions of these Terms of Service and the Privacy Policy will be located on the BondRewards Website. We will provide conspicuous notice - either via email or the BondRewards Website - of any material modifications.
Your non-termination or continued use of and participation in the Program or your continued use of the BondRewards Website constitutes an affirmative acknowledgment by you of any modification to these Terms of Service and the Privacy Policy and your consent to abide and be bound by any terms as modified. At any time, if you do not agree with these Terms of Service and the Privacy Policy, you may terminate your membership as outlined below (under "Termination of Member Account") and/or discontinue your use of the BondRewards Website.
BondRewards® Website Information
Information displayed on the BondRewards Website is subject to modification without notice. We reserve the right to modify such information without any obligation to notify past, current or prospective BondRewards Website users or members. Information regarding our services is applicable only in the U.S. Some services, including some Program features, may not be available in certain areas. We make no representations that the materials on the BondRewards Website are appropriate or available for use in all states or in countries other than the U.S. Those who do access the BondRewards Website from other countries are solely responsible for compliance with the laws of such country.
All offers set forth on the BondRewards Website or in any email delivered by us are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
BondRewards® Program Rules
As a registered member, in addition to your other obligations set forth in the other parts of these Terms of Service, you are required to comply with the following Program rules (the "Program Rules").
Certain Member Representations
You agree to comply with the terms of all BondRewards offers, promotions, services and programs delivered or communicated by or through us at all times.
You agree to provide only accurate and true information to us at all times. As a member, you are solely responsible for all activity that takes place using your user name and password.
You agree not to engage in any activities intended to defraud us or any third party using the BondRewards Website or the Program. Although the general public may access certain parts of the BondRewards Website, password-protected portions of the website and the Program in general are for the personal use of members only.
You agree not to engage in any unlawful activity using the BondRewards Website or the Program or engage in any fraudulent purchase and refund activities (including, without limitation, activities for the sole purpose of obtaining awards of BondDollars).
You agree not to create multiple accounts for the sole purpose of obtaining referral awards or additional BondDollars.
You agree not to forward any Program offers or promotions to third parties without first obtaining our express written permission. Program offers are intended only for the use of members unless stated otherwise.
Earning BondDollars™
BondDollars are the points awarded to a member for participating in the Program. Members in good standing are eligible to be awarded BondDollars in accordance with these Program Rules.
BondDollars may be accrued by purchasing goods or services through the BondRewards Website or BondRewards emails or by participating in surveys and other opportunities as may be offered by or through us from time to time. We may, at any time, in our sole discretion, establish, remove or exclude any means of accruing BondDollars. We reserve the right to make certain awards of BondDollars selectively available to certain members based on geographic location, program participation, or other factors determined in our sole discretion.
BondDollars will only be awarded for completed transactions. For example, if your credit card is declined for a purchase through the BondRewards Website, if you return or receive a refund for the goods purchased, or if you do not complete an eligible survey, the transaction will not be deemed completed and no BondDollars will be posted to your member account as a result of such transaction.
We are not responsible for processing your payment for any purchases through the BondRewards Website. We are not liable if your banking or other financial institution declines your credit or debit card for any reason.
BondDollars will generally be credited to your member account within ninety (90) days of a qualifying purchase or other earning activity. However, we cannot guarantee this.
It is your responsibility to keep a record of your purchases or other earning activity and to verify that any BondDollars related to such purchase or earning activity have been appropriately credited to your account. If BondDollars earned by you have not been credited to your account within ninety (90) days of a qualifying purchase or other earning activity, you must notify us in the manner described below (under "Contact Us" at the end of these Terms of Service). BondDollars that have not been credited to your account within one hundred and thirty five (135) days of a qualifying purchase or other earning activity may be cancelled.
If BondDollars are awarded and posted to your member account as a result of a purchase, and you return the purchase or there is otherwise a chargeback or similar rejection for that transaction, the BondDollars previously credited to you for that transaction will be reversed from your member account.
We and our Program advertisers and merchants reserve the right to change, at any time and without notice, the number of BondDollars that may be earned in connection with any qualifying purchase or other activity. However, any change in the number of BondDollars that may be earned in connection with any qualifying purchase or other activity will not affect BondDollars already awarded and posted to your member account in accordance with the Program Rules.
In addition, the types of rewards available for the redemption of accumulated BondDollars, and the number of BondDollars necessary to redeem for such rewards, may be changed by us at any time without notice.
Once BondDollars are redeemed in accordance with the terms set forth below (under "Redemption of BondDollars"), they will be subtracted from your member account and will not be reinstated. We are not responsible for lost or stolen redemptions once issued.
BondDollars have no stated or implied value until such time as such BondDollars have been redeemed.
BondDollars may not be transferred, assigned, sold, traded or bartered other than with our express written consent.
Advertisers and Merchant Partners
Program advertisers and merchants are third party businesses that make offers available to our members to allow members to accrue BondDollars. We sometimes refer to these advertisers and merchant partners collectively as our "Merchants" and individually as a "Merchant."
Your correspondence with or participation in Merchant promotions is solely between you and the respective Merchant. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion made by a Merchant.
BondDollars earned as a result of purchases made from our Merchants may be posted to your member account before we receive any payment due to us from such Merchant for such transaction. We will make every commercially reasonable effort to ensure payment is made to us by the relevant Merchant. In the unlikely event that a Merchant does not make its required payment to us, we will reverse the BondDollars in your member account previously awarded to you for such transaction. In such an event, we will notify you and the Merchant as to the cause of the reversal and we will have no responsibility or liability for the reversal. If the required payment is later received from the Merchant, the BondDollars will be reposted to your member account.
In some cases, there may be a delay in posting BondDollars to your member account due to a Merchant's failure or delay in providing us with the necessary transaction information. In such event, we will not be responsible or liable for any delay or failure to post BondDollars to your member account.
By participating in the Progam, you understand and acknowledge that your name, address and other personal information may be shared with some or all Merchants and that you may receive promotional materials from us and our Merchants in accordance with our Privacy Policy. You may, however, opt out of receiving all promotional email and newsletters by advising us in writing of your desire to be excluded from such communications, as set forth in the Privacy Policy.
We are not responsible and assume no liability for any changes or discontinuances of products or services from Merchants that may affect offers or the accrual of BondDollars.
Redemption of BondDollars™
The minimum balance of BondDollars necessary for a redemption at any time is fifty (50) BondDollars (the "Minimum Redemption Balance"). In addition, for your first redemption after joining BondRewards, at least five (5) of your redeemed BondDollars must have been earned through a purchase of goods or services from one of our merchant partners (the "Initial Transactional Requirement"). If you fail to satisfy the Minimum Redemption Balance at any time, or if you fail to satisfy the Initial Transactional Requirement with respect to your first redemption after joining BondRewards, you will not be able to redeem BondDollars.
A balance of fifty (50) BondDollars may be redeemed for a fifty dollar ($50) U.S. Savings Bond (a "Savings Bond"). In order to redeem an account balance for a Savings Bond, you must complete our form indicating in whose name the Savings Bond is to be issued and where it is to be delivered. Members may have a Savings Bond issued in the name of a third party, such as a friend or family member, provided that such third party is a natural person. The U.S. Treasury will typically issue a Savings Bond within three (3) weeks of redemption and deliver it, via U.S. mail, to the address provided to us during the redemption process. It will not be marked with any BondRewards logo or identifiable marks to help ensure secure delivery.
Alternatively, a balance of fifty (50) BondDollars may be redeemed for twenty-five U.S. dollars ($25) to be deposited in a bank checking or savings account that you provide. In order to redeem an account balance for cash, you must complete our form indicating the bank account to which the money should be routed. Our use and collection of this information is governed by our Privacy Policy.
We generally transfer funds to your banking institution within seven (7) business days of our receipt of your request. However, we cannot guarantee how long it will take your banking institution to complete a deposit to your checking or savings account. If you do not receive your deposit within fourteen (14) business days of placing your redemption request, you must notify us in the manner described below (under "Contact Us" at the end of these Terms of Service). DEPOSITS THAT HAVE NOT BEEN MADE to your CHECKING OR SAVINGS account within NINETY (90) days of YOUR REDEMPTION REQUEST may be FORFEITED.
You are solely liable for ensuring the information on your redemption request is accurate and complete. We have no responsibility if we are unable to fulfill your redemption request as a result of inaccurate or incomplete information provided by you.
Audit of Accounts
We reserve the right to audit your member account at any time, without notice, to determine compliance with these Terms of Service and the Privacy Policy. In the event an audit reveals a discrepancy or possible violation of these Terms of Service, we may, in our sole discretion, adjust the balance of BondDollars in your member account based on the results of such audit, terminate your account or take any such other action as we may feel is reasonably necessary under the circumstances.
Termination of Member Account
Should you object to any of the terms and conditions of these Terms of Service or the Privacy Policy or to any subsequent modifications of either, or become dissatisfied with us or the Program, your only recourse is to immediately discontinue participation in the Program and to terminate your membership.
You may terminate your member account at any time and for any reason by contacting us in the manner set forth below (under "Contact Us" at the end of these Terms of Service).
Termination of your member account shall be effective five (5) days after we receive your written termination request. Members may not earn BondDollars after termination and any balance of unredeemed BondDollars is subject to immediate cancellation. A member's account immediately terminates upon death.
Certain Rights of Lealta
In addition to our other rights under these Terms of Service, we reserve the right to terminate or suspend the account of any member who appears to be using BondRewards or the BondRewards Website in a manner inconsistent with the terms or intent of these Terms of Service or the Privacy Policy or otherwise as we deem necessary in our sole discretion. In such event, we may also cancel any of the member's unredeemed BondDollars.
We reserve the right to change, modify or discontinue the Program, with or without notice to our members. We will not be liable to any member or any third party in the event we change, modify or discontinue the Program.
We reserve the right to terminate any account that is inactive for a period of twelve (12) consecutive months or more. An inactive account is one where there has not been either a BondRewards Website transaction, response to an email offer, survey completion, profile update or purchase from one of our Merchants in the preceding twelve (12) months. Any balance of unredeemed BondDollars in an account that we terminate for inactivity is subject to immediate cancellation.
Indemnification
You agree to indemnify and hold us and our affiliates, officers and employees harmless from any claim, demand, expense, or damage, including attorney's fees, relating to your use of the BondRewards Website, participation in BondRewards, or violation of these Terms of Service.
Disclaimer of Warranties
You expressly agree that participation in BondRewards and use of the BondRewards Website is at your sole risk. We make commercially reasonable efforts to ensure that all material, information, and data on the BondRewards Website are accurate and reliable; however, accuracy cannot be guaranteed.
The BondRewards Website, Program and all other services offered on the BondRewards Website or otherwise through the Program are provided on a strictly 'AS IS' and 'AS AVAILABLE' basis. LEALTA MAKES NO WARRANTY WITH REGARD TO ANY BONDDOLLARS, PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH THE PROGRAM OR THROUGH MERCHANTS; THAT THE PROGRAM OR THE BONDREWARDS WEBSITE WILL MEET MEMBERS' REQUIREMENTS; OR THAT PROGRAM OR THE BONDREWARDS WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. IN ADDITION, LEALTA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BONDREWARDS WEBSITE, PROGRAM OR LEALTA.
LEALTA expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising from a course of dealing or usage in trade. LEALTA shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by MERCHANTS, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from LEALTA or through THE PROGRAM OR THE BONDREWARDS WEBSITE will create any warranty not expressly made in these TERMS OF SERVICE.
Limitation of Liability
LEALTA SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM OR USE OF THE BONDREWARDS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DAMAGE ARISING FROM THE BONDREWARDS WEBSITE OR PROGRAM IS TO CEASE USE OF THE BONDREWARDS WEBSITE AND TERMINATE YOUR MEMBERSHIP, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Lealta is not responsible for damages or losses that result from your participation or inability to participate in the Program, or reliance on or use of information, services, or merchandise provided on or through the BondRewards Website.
You acknowledge and agree that Lealta neither endorses the Merchants, the contents of advertisements, Merchant offers or third parties' websites, nor assumes responsibility or liability for the accuracy of material contained in such offer or on such websites, or any infringement of third party intellectual property rights arising from such offers or websites, or any fraud or other crime facilitated by such offers or websites.
In no event shall Lealta's liability to you, either jointly or severally, exceed $100 even if such remedy should fail of its essential purpose.
Laws
Any dispute or claim arising out of or in relation to these Terms of Service and the Privacy Policy or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in San Francisco, California, under the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") by three arbitrators appointed in accordance with the Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
This contract shall be governed by the law of the State of California, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.
Any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
Any claim against Lealta arising from the Program or the BondRewards Website must be brought within one (1) year of the accrual of such claim.
Third Party Websites
The BondRewards Website may link to, or be linked to, other websites not maintained by or related to Lealta. Such links are provided only as a service to our visitors and members. Lealta is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked or linking website, unless specifically stated. Lealta has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. If you elect to following a link or links to any other pages or websites you do so at your own risk.
Entire Agreement
These Terms of Service and the Privacy Policy constitute the complete and exclusive understanding between Lealta and you relating to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
Severability
If any provision(s) of these Terms of Service or the Privacy Policy is/are held to be unenforceable or otherwise contrary to law, then such provision(s) shall be modified to the minimum extent necessary to reflect the intentions of the parties with the other provisions remaining in full force and effect. If such modification should prove to be impractical or impossible, then the provision will be stricken from these Terms of Service and the Privacy Policy, as applicable, and the remainder of the provisions enforced to the fullest extent permissible.
Non-Waiver
Lealta's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lealta in writing.
Notices
All notices given by Lealta hereunder will be given by email or by general posting on the BondRewards Website.
Contact Us
You may contact us at any time by writing to us at:
BondRewards Member Services
1196 Borregas Ave, No. 102
Sunnyvale, CA 90489
or by emailing us at: service@bondrewards.com.