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User Agreement of BankPerks.com:


BankPerks.com, utilizes commission-based affiliate marketing from our partners ("Affiliate Merchants"). To ensure that you, as a BankPerks.com User ("User"), fully understand what your rights are as a User, and what our responsibilities are to you, we have created this User Agreement ("Agreement"). As a User of BankPerks.com website (referred to herein as the "Site"), you agree that you have read, understood and agreed to the following "Terms and Conditions," and consent to be bound by all of the "Terms and Conditions," including any future amendments or updates thereto.


Terms and Conditions



1. DISCLAIMERS AND LIMITATIONS ON LIABILITY.


BankPerks.com IS BEING PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BankPerks.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO BankPerks.com, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT BankPerks.com WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST BankPerks.com AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.

BankPerks.com DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. BankPerks.com DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BankPerks.com ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE BankPerks.com CASH BACK BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL BankPerks.com BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF BankPerks.com; ANY ACT OR OMISSION BY BankPerks.com IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF BankPerks.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BankPerks.com BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY BankPerks.com IN EXCESS OF THE CASH BACK EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD BankPerks.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF BankPerks.com, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.


THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; BankPerks.com WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL UPDATES THERETO. BankPerks.com WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE BankPerks.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.


2. Compliance with Laws and Regulations. You agree to comply with all applicable laws, rules and regulations. You may participate in BankPerks.com if and to the extent that such participation is permitted by such laws, rules and regulations. BankPerks.com may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.


3. Proprietary Rights to Content. You acknowledge that BankPerks.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any BankPerks.com communication, advertisements or messages, whether by BankPerks.com or BankPerks.com's advertiser's or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by BankPerks.com, its advertisers and Affiliated Merchants, as the case may be. You acknowledge that all the intellectual property rights in the Site are owned by BankPerks.com or BankPerks.com’s licensors. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.





[User Agreement was last updated on 4/16/2013]







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