Terms & Conditions
Effective Date: January 10, 2008
PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF
THESE TERMS AND CONDITIONS APPLY EACH TIME YOU USE THE SITE.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Account Holder Agreement ("Agreement"), is made by and
between SLWorks Inc ("SLWorks," "We," "Us,"
or "Our"), a California corporation, pursuant to its provision
of the rewards program called BestNetFreebies.com ("Program"),
and the person creating or attempting to create an account at BestNetFreebies.com
("Account Holder," "You," "Your" or "Yourself").
BestNetFreebies is a service mark of SLWorks and BestNetFreebies.com
is owned and operated by SLWorks.
UPON YOUR CREATION OR ATTEMPTED CREATION OF AN ACCOUNT IN THE BESTNETFREEBIES
REWARDS PROGRAM AS DESCRIBED HEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS OR CONDITIONS, OR IF ANY OR ALL OF THE FOLLOWING ARE PROHIBITED
WITHIN YOUR JURISDICTION, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE,
THE PRODUCTS, OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS
TO AND USE OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND
UNDERSTANDING OF EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU HAVE ANY QUESTIONS, VISIT THE "CONTACT US" SECTION OF
OUR WEB SITE TO SUBMIT QUESTIONS TO OUR CUSTOMER SERVICE REPRESENTATIVES.
1. MANDATORY ARBITRATION. You understand and agree that all claims,
disputes, or controversies between You and SLWorks and its parents,
subsidiaries or related companies, including but not limited to tort
and contract claims, claims based upon any federal, state, or local
statute, law, order, ordinance, or regulation, and the issue of arbitrability,
shall be resolved by final and binding arbitration using the American
Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules)
in effect on the date of initiation of the arbitration, except as to
those AAA Rules that conflict with or differ from this Agreement, by
one or more arbitrators appointed in accordance with the said rules
at a location in Los Angeles, California. Any controversy concerning
whether a dispute is arbitrable shall be determined by the arbitrator(s)
and not by the court. Judgment upon any award rendered by the arbitrator(s)
may be entered by any state or federal court having jurisdiction thereof.
This arbitration contract is made pursuant to a transaction in interstate
commerce and its interpretation, application, enforcement, and proceedings
thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C.
Sec. 1-16 ("FFA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO
JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS
OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN
A PRIVATE ATTORNEY GENERAL CAPACITY. The parties voluntarily and knowingly
waive any right they have to a jury trial.
2. STEPS TO PARTICIPATE
2.1 How to Sign Up. To sign up to receive a free gift card from
BestNetFreebies.com, you must first submit your email address. A confirmation
email will be sent to the email address you entered to make sure it's
both valid and from You. You must confirm your email address to activate
your account and begin working toward your free gift. You may obtain
multiple gifts subject to the following restrictions: there is a limit
of one prize per physical address per campaign, where campaign is defined
as the particular prize or prizes offered through a unique URL; a separate
account is needed for each gift and offers completed in one account
cannot be transferred or combined with offers completed in another account;
and repeated completions of the identical sponsored offers in one account
or across multiple accounts will not count towards the redemption of
multiple prizes, is against the spirit of this agreement, and will result
in a cancellation of your accounts and forfeiture of all credits earned
in all accounts. For example, you may not sign up for a DirectTV subscription
in your first account, cancel the DirectTV subscription, and then sign
up again for another DirectTV subscription in your second account.
2.2 Accurate Information. In consideration of Your use of the
Program, You agree to provide true, accurate, and current information
about Yourself as prompted by the registration and other questions on
Our Web Site, and agree to promptly update such information in your
account within the account section of the Web Site should it change
or should additional information be required by SLWorks or applicable
law. We reserve the right to request verification of, and You agree
to be subject to verification of, any of the information provided by
You for enrollment with and continued use of your account.
2.3 Refusal of Account. To the full extent allowed by applicable
law, We, at Our sole discretion and for any or no reason, may refuse
to accept any account application. Employees and others living in the
same household as employees of SLWorks or its parent company and its
subsidiaries are not eligible to participate in the Program.
2.4 Company Newsletter and Other Emails. By signing up for the
Program, You are opting-in to receive Our newsletters by email, other
special offer emails, and/or third-party emails. If You do not wish
to receive these emails, You may opt-out at any time, by following the
directions in the newsletter/email or within the account section of
the Web Site.
3. REQUIREMENTS FOR ACCOUNT HOLDER.
3.1 Requirements; Termination. To enroll in and create an account
for use in the Program, You must meet the basic requirements listed
below. We reserve the right to terminate the account(s) of anyone who
fails to meet these requirements on an ongoing basis. If Your account(s)
is terminated for any reason, Your account will be closed and its contents
eliminated, and under no circumstances will You be allowed to redeem
for a gift or collect other compensation or remuneration.
3.2 Age. By registering on this Web Site, You certify that You
are eighteen (18) years of age or older.
3.3 Approved Locations. The Program is currently available only
in the United States of America. You must be physically located within
the United States of America while using the Program, and be a legal
resident of the United States of America and have a physical mailing
address in the United States of America throughout Your use of the Program.
3.4 Inaccurate Information. If any information You provide is
untrue, inaccurate, incomplete or not current, or if SLWorks has reasonable
grounds to suspect that such information is untrue, inaccurate, incomplete
or not current, SLWorks, at its sole discretion, has the right to suspend
or terminate Your account(s) and refuse all current or future access
to the Web Site and use of the account(s) or suspend or terminate any
portion thereof. We are not responsible for lost credit for offers completed,
payments, mail or communications due to Your failure to provide valid
contact information or other accurate information.
3.5 Cookies. Members must have cookies enabled. Members must
access Our Sponsors' sites (where offers may be completed) through our
Web Site. These conditions are mandatory so that the Sponsor will know
that You used Our Web Site to reach the respective Sponsor's site. If
You fail to follow these requirements, You may not receive credit for
offers that You complete.
3.6 Accounts Are Non-Transferable. Your password and account(s)
are personal to You and are not transferable. You may not allow anyone
else to use Your password or account(s) or to receive credit for offers
completed by You. You may not use anyone else's password or account(s)
or act to accrue credit for anyone else's account. You are responsible
for keeping Your account information secret. SLWorks will not be liable
for losses that are incurred through the use of Your account by a third
party or the disclosure of Your password or account information.
3.7 Etiquette. You shall not tamper, hack, spoof, copy, modify,
or otherwise corrupt the administration, security, or proper function
of any part of BestNetFreebies.com Web Site. You shall not use robots,
scripts, spiders, or crawlers or similar devices with the BestNetFreebies.com
Web Site. Violation by You will result in termination of all accounts,
loss of all accrued credit for offers completed and being barring from
future participation with the Program. Any decision made by SLWorks
relating to termination of any accounts in cases of suspected abuse
or violation of its rules shall be final and binding.
3.8 Your Relationship To SLWorks. By providing the information
to enroll in or maintain an account in the Program, You are applying
to receive a service. Your relationship to SLWorks is one of an independent
contractor and/or customer. No employee-employer relationship is created
by Your use of the BestNetFreebies.com Web Site.
4. OFFER COMPLETION.
4.1 Number of Offers. The number of offers that you must complete
to earn your free gift is dependent on the prize level of the gift.
In most cases, you are not required to complete any one specific offer
to receive your gift. However, you must complete the number of offers
assigned to the Prize Level of the gift you are working toward. Please
note that offer completion reporting is not an immediate process. It
can take anywhere between one day and several weeks for offer completions
to be reported and updated in your account.
The level is dependent upon the value of the free gift. For an example,
please see the chart below. Please note that the chart below is only
an example and there are additional prize levels beyond those shown.
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4.2 Credit Card Offers. If You choose a credit card offer to
complete, You must apply for, get approved and activate that card by
making a purchase, balance transfer or cash advance.
4.3 Other Offer Terms. You will not be given additional credit
if You complete more than the required number of offers for the gift
that you are working toward. If you complete a specific offer more than
once, You will receive credit for only one (1) offer. Repeated completions
of the identical sponsored offers will not count towards the redemption
of multiple prizes and is against the spirit of this agreement. We reserve
the right to deduct or remove additional credit from Your account(s)
if You do not comply with all applicable conditions. Violations may
result in termination of Your account(s), loss of all credit, and being
barred from future participation in the Program and SLWorks's online
properties.
4.4 Time Periods. You will have 30 days from the time your account
was created to activate your account and complete the proper amount
of offers in order to receive your free gift. Completing offers means
taking all actions online and otherwise to complete an offer, except
that actual activation and use of a credit card can be completed after
the initial 30 day period and prior to 90 days following creation of
your account. Your ability to order the gift is subject to our receipt
of all tracking information from our advertising partners confirming
the completion of their offer. Once all offers are completed and we
have received all tracking information, you may then be eligible to
receive your free gift. If you have not completed your prize requirements
within 90 days of the date of your account creation, your account will
expire and be closed and you will forfeit all credit and the right to
claim your gift.
4.5 Accounts Subject to Change. Accounts and credit are subject
to changes for returns, cancellations, and other events. We can make
these changes to accounts at Our sole discretion. If You disagree with
the changes made, Your sole option is to cancel Your accounts.
5. REDEMPTION REQUIREMENTS.
5.1 Eligibility Requirements. Once all offers are completed in
accordance with all of the terms and conditions herein and We have received
all tracking information, you will then be eligible to receive your
gift. Timeframes of delivery for various gifts or any other instructions
will be specified when the gift is ordered.
5.2 Redemption Time Limit. You must qualify for your gift within
90 days of the date of Your account creation. If you fail to qualify
for your gift within this time period, your account will expire and
be closed and you will forfeit all credit and the right to claim your
gift.
5.3 Gifts In Excess Of $600.00. Should the value of Your gift
or reward exceed Six Hundred Dollars ($600.00), You will be provided
with an IRS W-9 form which You must return to SLWorks to be eligible
to receive such a gift or reward. SLWorks must have received Your completed
IRS W-9 form for IRS reporting purposes before it may award or send
Your gift or reward.
5.4 Shipment of Gifts. Once You have met all the eligibility
requirements, SLWorks will award Your gift or reward and ship it to
the mailing address You provided.
6. GIFTS AND REWARDS.
6.1 Fulfillment. We are responsible for all gift and reward fulfillment.
You agree not to contact Our Sponsors or companies producing the gifts
or rewards regarding the status of any gift or reward. In the event
a gift or reward is not received or arrives damaged or inoperable, contact
SLWorks's customer service at support@BestNetFreebies.com.
6.2 Substitution. SLWorks reserves the right to substitute any
gift or reward with another gift or reward of equal or greater value
such as a gift card or cash.
6.3 Physical Mailing Of Gifts. Currently, the only way to receive
gifts or rewards from SLWorks is via the mailing address provided by
You when you clicked the Ship My Gift button on the Web Site. SLWorks
is not able to ship gifts to P.O. Boxes, therefore We require You to
provide Us with a valid street address. In the future, We may initiate
alternative methods of delivering gifts or rewards (e.g., issue a credit
to a credit card). We reserve the right to charge a fee for continued
mailing of gifts or rewards after that time.
6.4 Shipping And Processing Fees. SLWorks reserves the right
to pass on shipping and processing fees to You following repeated unsuccessful
attempts to deliver Your gift or reward.
6.5 Cash Value. Unless otherwise stated, there is no cash redemption
value for any type of credit, at any time or for any reason, upon termination
or cancellation of Your account or at any other time.
6.6 Your Relationship With Sponsors. We do not warranty, guarantee,
or insure the quality of any product or service offered by any of the
Sponsors. Your relationship with Sponsors for whom We deliver offers
on Our Web Site, including completion of offers, payment for and delivery
of related goods or services, entry into and operation of promotions,
discounts or contests, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between You
and such Sponsor. You agree not to hold SLWorks liable for any loss
or damage of any sort incurred as the result of any such dealings or
as the result of the content provided by such Sponsors through the Program.
When You complete offers, You may be providing information to the Sponsor
on its web site, and You should review the terms and conditions and
privacy policy applicable to that web site.
6.7 Inaccuracies/Typos. SLWorks is not responsible for typos
or misprints contained within Our Website. We reserve the right to correct
typos, errors and descriptions as needed to maintain accurate information.
Under no circumstances will SLWorks be liable for misquoted content.
All information and prices should be verified prior to final transactions.
7. INTELLECTUAL PROPERTY. You acknowledge and agree that (a)
all text, pictures, graphics, logos, button items, images, works of
authorship and other information and all revisions, modifications, and
enhancements thereto ("Content") is the copyrighted work of
SLWorks or its third party content suppliers and is protected by copyright
laws, (b) BestNetFreebies's name, the domain www.BestNetFreebies.com, the BestNetFreebies logo, all page headers,
custom graphics and button icons are service marks, trademarks and/or
trade dress of SLWorks (collectively, "Marks"), and (c) all
other trademarks, product names, company names or logos on the Web Site
are the property of their respective owners. In addition to agreeing
to comply with all applicable laws, You agree You will not use any such
Content or Marks from this Web Site for any purpose without the appropriate
prior written authorization.
8. TERMINATION AND CANCELLATION.
8.1 Termination. SLWorks, at Our sole discretion, may terminate
any account without prior notice for any reason or no reason at all,
including without limitation, for (a) any violation of any provision
of this Agreement; (b) aiding in or promoting circumvention of the Program;
(c) acting against Our business interests or reputation; or (d) otherwise
acting unlawfully in relationship to SLWorks, the Web Site or the Program.
8.2 Loss of Credit. If We terminate an account for any reason,
We may refuse to acknowledge some or all of the credit to the terminated
account if such amounts were earned in violation, or after violation,
of this Agreement or were otherwise unlawfully obtained by the account
holder.
8.3 Cancellation. You may cancel Your account at anytime by clicking
on the Unsubscribe Link, in which case all credit in such account shall
be forfeited and You will have no right to re-open that account. You
may also email support@BestNetFreebies.com if you have problems with the other two methods
of opt-out.
8.4 End of Program. We may cease offering the Program and/or
the Web Site at any time and for any reason, in Our sole discretion.
Upon cessation of the Program or Web Site, we will ship any gifts or
rewards previously awarded, but all credits in Your account for which
You have not yet become eligible for any gift or reward may be cancelled
in Our discretion, or We may transfer such credit to any other Program
or web site in Our discretion.
9. WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS
AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE
LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE PROGRAM OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE PROGRAM.
10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED
BY LAW, YOU UNDERSTAND AND AGREE THAT SLWORKS MARKETING, INCLUDING SLWORKS
MARKETING'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES,
AFFILIATES, PARENTS, SUCCESSORS, AND THEIR SUPPLIERS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, EXPENSES,
AND COURT COSTS) RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR
OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES, OR REGULATIONS,
OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE
THE WEB SITE, PROGRAM, PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS, CONTENT
OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE
UPON ANY LINKED WEB SITE, EVEN IF SLWorks MARKETING, OR ITS SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS
EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION
OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS,
THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE
PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY
IS IMPOSED UPON SLWorks MARKETING, THEN YOU AGREE THAT SLWorks MARKETING'S
TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES FROM SLWorks
MARKETING'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL
OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED, SHALL NOT EXCEED THE VALUE OF
ANY GIFT OR REWARD YOU EARNED THROUGH THIS SITE OR, IF YOU HAVE NOT
EARNED A GIFT OR REWARD THROUGH THIS SITE, $300.
11. GOVERNING LAW AND OTHER TERMS.
11.1 California Law and Jurisdiction. ANY ACTION RELATED TO THIS
AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT
REGARD TO CONFLICT OF LAWS RULES. Any action relating to this Agreement
as permitted following the Mandatory Arbitration described above shall
be brought in the state or federal courts located in Los Angeles County,
California, and You hereby submit to the exclusive jurisdiction and
venue thereof. You agree to comply with the laws of the State of California
and the United States of America that apply to the use of the Program
and the compensation You may receive. If the law of Your residence prohibits
or limits Your participation in the Program, then You are responsible
for complying with such laws and You agree to indemnify Us against any
breach or violation.
11.2 Enforceability; No Assignment. If any part of this Agreement
is held to be unenforceable, the unenforceable part shall be given effect
to the greatest extent possible and the remainder will remain in full
force and effect. This Agreement is personal to You and You may not
transfer, delegate, or assign this Agreement, Your account(s) or other
benefits You may receive to anyone. Any attempt by You to assign or
delegate this Agreement shall be null and void. We may assign this Agreement
at Our sole discretion.
11.3 Other Documents. This Agreement may NOT be altered, supplemented,
or amended by the use of any other document(s) unless otherwise agreed
to in a written agreement signed by both SLWorks and You.
12. SECURITY.
12.1 Standard Procedures. To prevent unauthorized access, maintain
data accuracy, and ensure the correct use of information, We have used
appropriate industry standard procedures to protect the confidentiality
of Your personal information, such as firewall, encryption, application
proxies, monitoring technology, and adaptive analysis of network traffic
to track abuse of Our network and its data. However, no data transmitted
over the Internet can be completely secure. As a result, while We strive
to protect Your personal information, We cannot guarantee the security
of any information that You transmit to Us or from Our sponsors and
You do so at Your own risk.
12.2 No Tampering. You agree not to tamper with the proper functioning
and tracking of the Web Site or Program. Emulating or "faking"
search usage and Web Site visits will lead to termination of Your account
and may lead to legal action.
12.3 Unauthorized Use. ANY UNAUTHORIZED USE OR ENTRY INTO A SLWorks
MARKETING WEB SITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE
FULL EXTENT OF THAT LAW.
13. ENTIRE AGREEMENT. This Agreement, SLWorks's Privacy Policy,
and other terms, conditions and policies SLWorks may post on this Web
Site constitute the entire Agreement between You and Us in connection
with the Program and supersede all prior agreements between the parties
regarding the subject matter contained herein. This Agreement, the Privacy
Policy, and other terms, conditions and policies SLWorks may post on
this Web Site shall be read to be mutually consistent wherever possible.
In the event of any conflict, this Agreement and the Privacy Policy
will control over the Web Site. No failure of either party to exercise
or enforce any of its rights under this Agreement will act as a waiver
of such rights.
CONTACTING US. If You have questions about the Program, any offer,
Sponsor, completion, gift, reward, Web Site or this Agreement, please
contact support@BestNetFreebies.com.
Also please read Our Privacy Policy.