User Agreement
ShareMyDeal, LLC. ("ShareMyDeal"),
utilizes commission-based affiliate marketing from our merchant partners
("Affiliate Merchants"). To ensure that you, as a ShareMyDeal.com Registered 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 the ShareMyDeal.com website (referred to herein as "ShareMyDeal.com" or
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
I. FORUMS
To post messages on our forums, you must choose a unique login. Duplicate
logins are not allowed, so if the name you enter is already in use, you will
be prompted to choose another one. You agree that you will not register under any
login that may mislead other members to believe that you are an administrator or
moderator of our forums. ShareMyDeal, at its own discretion, may bar
registration under certain logins or from any specific email service or ISP.
Any message posted on our
forums expresses only the views of the author of the message and does not
necessarily reflect the views of ShareMyDeal or any person or entity associated
with it. While ShareMyDeal may use moderators and administrators to monitor the
content and appearance of messages posted in our forums, you acknowledge that
ShareMyDeal is under no obligation to do so. Considering the real-time nature of
this bulletin board, it is impossible for us to monitor or review every message.
You agree that neither ShareMyDeal, nor any person or entity associated with it,
will be held responsible for the contents, accuracy, completeness or validity of
any information posted on our forums. You agree that you will not use our forums
to post any material, or links to any material, which is knowingly false and/or
defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
sexually oriented, threatening, invasive of a person's privacy, or otherwise
violative of any law. You agree you will not post promotional information for a
website, entity or entity with which you are an affiliate, employee, owner, or
otherwise receive any benefit from. Users who breach this provision are
authorizing ShareMyDeal to charge the sum of $1000.00 in advertising fees
per violative post, plus any collection and legal fees involved in collecting
the debt. You agree you will not post any copyrighted material without the
express permission of the copyright holder, unless such copyright is owned by
you or ShareMyDeal.
You hereby grant ShareMyDeal a perpetual, world-wide, royalty-free license to
distribute, copy, adapt, reproduce, transmit and otherwise use content and
information you post in our forums for any purpose and in any media now known or
hereinafter developed. You expressly agree that we are free to use any ideas,
concepts, know-how, or techniques contained in any posting or communication you
send to us without compensation and for any purpose whatsoever, including but
not limited to, developing, manufacturing and marketing products and services
using such information.
Advertisements, referral programs, chain letters, pyramid schemes, solicitations
and links to on-line gambling sites are also inappropriate on ShareMyDeal forums.
Any User who believes that a posted message is objectionable is encouraged to
contact us immediately by emailing us at member_service@sharemydeal.com.
Upon receipt of such notification, we will make reasonable efforts to take such
action as we deem necessary within a reasonable period of time. Since this is a
manual process, you are advised that we may not be able to remove or edit
particular messages immediately. ShareMyDeal reserves the right to delete any
message for any reason whatsoever, at our sole discretion. You agree that you
are solely responsible for the content of your messages, and that you will
indemnify and hold harmless ShareMyDeal and their agents and employees with
respect to any claim based upon the appearance and/or transmission of your
message(s).
II. ROBOTS
This site contains robot exclusion headers. Information on ShareMyDeal.com is proprietary or
is licensed to ShareMyDeal by our Users, Affiliate Merchants, or third parties. You agree that
you will not exceed the limited access to the Site granted to you or use any robot, spider,
scraper or other automated means to access ShareMyDeal.com for any purpose without our express
written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;(ii) copy,
reproduce, modify, create derivative works from, distribute or publicly display
any content from this Site without the prior expressed written permission of
ShareMyDeal and appropriate third party, as applicable;(iii) interfere or attempt
to interfere with the proper working of the Site or any activities conducted on
the Site; or(iv) bypass our robot exclusion headers or other measures we may use
to prevent or restrict access to the Site.
III. SHAREMYDEAL CASH-BACK AND BONUS
As a User of ShareMyDeal.com, you have the ability to earn money in the form of
automatic rebates, which are separate and apart from, and in addition to, any
other discounts available through ShareMyDeal.com. ("ShareMyDeal Cash-Back"). This
section identifies the manner in which you may earn ShareMyDeal Cash-Back, when
you will be paid, what rights you have as a User to the ShareMyDeal Cash-Back you
have earned, and ShareMyDeal's rights and responsibilities with respect to the
ShareMyDeal Cash-Back and Bonus program.
1. Program Overview. The ShareMyDeal Cash-Back rebates program (the "Program")
allows ShareMyDeal.com Users to shop with ShareMyDeal's participating merchants, and
earn ShareMyDeal Cash-Back. The Program is free to Users, and is conferred as a
benefit of registration with ShareMyDeal. You are under no obligation to
participate or redeem your ShareMyDeal Cash-Back.
As a User, ShareMyDeal Cash-Back is automatically earned when 1) you make a qualifying
online purchase from a merchant participating in the Program (a "Participating
Merchant") on our All Stores page, or 2) you refer a member and the other member click on the referral
link provided by you generated by ShareMyDeal.com, and then make a qualifying purchase in the same session,
or 3) you post a topic to a product or topic on sale by participating merchant store and other members click on it
and make a purchase. Participating Merchant's are identified by a corresponding offer
( % or $ ) to the right of their store name.
2. Eligibility. The Program is offered for purchases made through links on the
ShareMyDeal.com website. You must have Internet access and a valid working e-mail
address to receive the privileges of the Program. Further, participation in the
Program is limited to individuals that are 18 years of age or older.
3. Earning ShareMyDeal Buyer Cash-Back. To be eligible to receive ShareMyDeal Buyer Cash-Back,
you must make a qualifying purchase. Generally, in order to make a qualifying
purchase, you must satisfy the following criteria:
(1). You must be 18 years of age or older.
(2). You must log on to ShareMyDeal.com with your login;
(3). You must link to a Participating Merchant from ShareMyDeal.com's
"Go to store" link;
(4). You must add items to your cart;
(5). You must complete your transaction; and
(6). You must have cookies enabled on your web browser
(7) You must reside in the U.S.A. or Canada
Reasons why you will not earn ShareMyDeal Cash-Back, include, but are not limited
to, the following:
(1). You are under the age of 18.
(2). You do not log onto ShareMyDeal.com with your login;
(3). You go directly to the participating merchant without first visiting our
Stores page;
(4). You complete multiple transactions without returning to our Stores page.
(Completing each transaction ends your "cash-back session" with ShareMyDeal, and
you have to start over to earn cash-back on additional items).
(5). You type a new address (URL) in the window opened by a ShareMyDeal Stores or
Offers page;
(6). You click on any "special offers" or toolbars from other websites while
shopping;
(7). You allow too much time to lapse between linking to the merchant and
completing the purchase.
(8). You contact the merchant to change an order.
(9). You fail to abide by the restrictions imposed by a Participating Merchant.
(10) You do not reside in the United States or Canada.
(11). The Participating Merchant fails to transmit to ShareMyDeal the commission
corresponding to the transaction.
(12). You have been notified by ShareMyDeal that you, or certain purchases, are
not eligible for Cash-Back.
Determination of whether or not a purchase made through a Participating Merchant
is a qualifying purchase is made at the discretion of ShareMyDeal.com.
ShareMyDeal.com is not responsible for tracking problems resulting from incorrect
usage of the ShareMyDeal.com site, disabling cookies, computer issues resulting
from unknown causes such as third-party software or other issues, merchant
partner errors/omissions or from any other failure of tracking mechanisms.
Upon registration of your login with ShareMyDeal.com, an account will be set
up in your name for all ShareMyDeal Cash-Back you earn. The appropriate ShareMyDeal
Cash-Back rebate will be posted to your account as "Reported" within thirty (30)
days of the date on which a Participating Merchant reports your transaction to
ShareMyDeal.com. For a period of ninety one (91) to one hundred twenty one (121)
days thereafter, your account will refer to the ShareMyDeal Cash-Back rebate as
"Pending." This time period is in accordance with the Participating Merchant's
right to reverse a transaction for return purposes. Once the participating
merchant authorizes the payment of ShareMyDeal.com's commission in connection with
a qualifying purchase made by you, we will credit your account with the
applicable ShareMyDeal Cash-Back. Your ShareMyDeal Cash-Back earned will be
identified as "Available," at which time you can request a payment redeeming
your ShareMyDeal Cash-Back. You can view your balance and history by clicking to link to your account balance
in the upper right corner of any page.
4. Earning ShareMyDeal Referrer Cash-Back. To be eligible to receive ShareMyDeal Referrer Cash-Back from
other members purchase, other members must use the referral link provided by you, generated by ShareMyDeal.com,
and then make a qualifying purchase as described in clause 3 above in the same session. Further more, there is only one
referrer allowed to receive referrer cash-back in each transaction. If the other member clicks mulitiple referral links
to ShareMyDeal.com provided by different users, only the last users whose referral link that was clicked is eligible to receive
the referrer cash-back or bonus. If other members cancel or return the order later, the cash-back credited to your
account will be adjusted by ShareMyDeal. Your referrer cash-back will be available to you after the 91 to 121 day
pending period as defined in clause 3. Your account must not be suspended at the time when the other member make the purchase.
Members who refer themselves are not eligble for referrer cash-back in their own transactions as a buyer at the same time.
5. Earning ShareMyDeal Poster Cash-Back. To be eligible to receive ShareMyDeal Poster Cash-Back from
other members purchase, your topic must specify a topic URL that goes directly to our affiliated merchants online shopping website.
You must not include any personal data or 3rd party publisher referral IDs in the topic URL.
Users who breach this provision are authorizing ShareMyDeal to charge the sum of $1000.00 in advertising fees
per violative post, plus any collection and legal fees involved in collecting the debt.
Other members must click the "Go to store" link in the topic posted by you
and then make a qualifying purchase as described in clause 3 above in the same session. Further more, there is only one
poster allowed to receive poster cash-back for each transaction. If the other member clicks the "go to store" links
to ShareMyDeal.com from different topics that lead to the same store, only the poster of the last topic is eligible to receive
the poster cash-back or bonus. If other members cancel or return the order later, the cash-back credited to your account
will be adjusted by ShareMyDeal. Your poster cash-back will be available to you after the 91 to 121 day pending period as defined in clause 3.
Your account must not be suspended at the time when the other member make the purchase.
6. Requesting Payment ShareMyDeal Cash-Back. You may request to redeem your earned
ShareMyDeal Cash-Back designated as "Available" in your account. To receive
ShareMyDeal Cash-Back, you must have an available balance greater than $10.00.
You may request to receive payment in redemption of your ShareMyDeal Cash-Back
either electronically through PayPal, or by standard check.
With either option, you must provide a mailing address that a standard check
can be delivered by mail or serves as verification address for PayPal payment.
The ShareMyDeal Cash-Back will be distributed to the User within thirty
(30) days of receipt of the User's request for payment. ShareMyDeal.com is not
responsible for lost mail or any other event beyond the control of ShareMyDeal
that would prevent a user from receiving their payment.
You are solely responsible for redeeming ShareMyDeal Cash-Back. There is no
automatic or periodic redemption.
7. Account Adjustments. ShareMyDeal Cash-Back awarded to you is subject to
adjustments for returns and cancellations, ShareMyDeal's receipt of information
and payments on such purchases/orders from Participating Merchants, and other
events. ShareMyDeal reserves the right to make adjustments to User's accounts at
any time in accordance with this Agreement. If you disagree with any adjustments
made to your account, your sole remedy is to discontinue use of ShareMyDeal.com.
ShareMyDeal is not responsible for changes to, or discontinuance of, any
Participating Merchant, or any Participating Merchant's withdrawal from the
Program, or for any effect on accrual of ShareMyDeal Cash-Back caused by such
changes, discontinuance or withdrawal.
ShareMyDeal is not responsible for cash-back and bonus rate mistakes as result of human or
programming error from either ShareMyDeal or Participating Merchants.
8. Termination of Program. ShareMyDeal reserves the right to terminate the Program
in whole or in part at any time with notice. In the event the Program is
terminated, you will have sixty (60) days to redeem your ShareMyDeal Cash-Back
from the date notice is transmitted by ShareMyDeal to the email address specified
in your account. Notification will be sent to the email address provided to
ShareMyDeal during the registration process. ShareMyDeal will not be responsible for
failing to notify you of Program termination where such failure is caused by an
inaccurate email address, your failure to check email online, or your failure to
inform ShareMyDeal of a change in your email address.
9. Member Responsibilities. You are responsible for maintaining accurate account
information at all times, including valid email address information. You are
responsible for keeping your email address, password and all other information
concerning your account confidential. ShareMyDeal is entitled to act on
instructions received under your username and password. ShareMyDeal is not
responsible for any credits or debits made to your account by someone else who
uses your username or password. ShareMyDeal will not be responsible for any losses
or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis,
and for checking to ensure that all ShareMyDeal Cash-Back has been properly
credited to your account. If a discrepancy occurs in your ShareMyDeal Cash-Back
account, such as a rebate not being credited to the account, then you must
contact ShareMyDeal via our customer support link on the Site, within sixty (60)
days of the purchase/order date from a Participating Merchant. If you fail to
contact ShareMyDeal within that sixty (60) day period , such purchase/order shall
be deemed to be accurate and you hereby waive any right to dispute said
purchase/order.
10. General.
(a) Participation in the Program is personal to you. ShareMyDeal Cash-Back
received under the Program may not be assigned or transferred to any third
party, except as expressly permitted by ShareMyDeal, in writing. The sale,
transfer, lending, exchange, pooling or barter of any ShareMyDeal Cash-Back, other
than by ShareMyDeal, is expressly prohibited. Any ShareMyDeal Cash-Back assigned,
sold, or otherwise transferred in violation hereof may be confiscated or
canceled.
(b) ShareMyDeal will use information collected from you as set forth in our
Privacy Policy. You are encouraged to read our Privacy Policy to understand our
information collection and use practices.(c) You are responsible for any taxes
that may be due on ShareMyDeal Cash-Back redeemed by you.
(d) ShareMyDeal Cash-Back has no cash value until such time as you request and
receive a payment in accordance with Article III, Section 4, herein above, and
you shall have no property rights or other legal interest in ShareMyDeal Cash
Back.
IV. GENERAL PROVISIONS
1. Use of Online Coupons. ShareMyDeal provides online coupons as a free service to
its Users. ShareMyDeal is not responsible for the redemption, errors/omissions or
expiration of online coupons and it is your responsibility to make sure that a
discount, special pricing, or free offer is present in the checkout process of
an Affiliate Merchant. All offers and promotions on this site are subject to
change without notice. ShareMyDeal has no control over the legality of any coupons
or other offers made by Affiliate Merchants, the ability of any of the Affiliate
Merchants to complete the sales in accordance with the offers, or the quality of
the goods offered by the Affiliate Merchants. ShareMyDeal has no control over
whether Affiliate Merchants will honor the offers shown on ShareMyDeal.com, and
does not guarantee the accuracy or completeness of the information contained on
the website. In the event you have a dispute with an Affiliate Merchant in any
way relating to the ShareMyDeal.com website or the use of information from the
website, you agree to waive and release ShareMyDeal from any and all claims,
demands, actions, damages (actual and consequential), losses, costs or expenses
of every kind and nature, known and unknown, disclosed and undisclosed relating
to that dispute.
2. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
SHAREMYDEAL.COM IS BEING PROVIDED BY SHAREMYDEAL "AS IS" AND "AS AVAILABLE." TO THE
MAXIMUM EXTENT PERMITTED BY LAW, SHAREMYDEAL DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SHAREMYDEAL.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 SHAREMYDEAL 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 SHAREMYDEAL AND ITS MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND
REPRESENTATIVES. SHAREMYDEAL DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES
REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR
SUPPLIERS. SHAREMYDEAL DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND SHAREMYDEAL 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 SHAREMYDEAL CASH-BACK BY PURCHASING
ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL SHAREMYDEAL 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 SHAREMYDEAL.COM; ANY ACT OR OMISSION BY SHAREMYDEAL IN
ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR
SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF SHAREMYDEAL 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 SHAREMYDEAL BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY SHAREMYDEAL 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 SHAREMYDEAL, 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 SHAREMYDEAL.COM, THE VIOLATION OF THESE
TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF
YOUR ACCOUNT, 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.
3. Amendment to Agreement. THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS
AGREEMENT MAY CHANGE FROM TIME TO TIME; SHAREMYDEAL 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. SHAREMYDEAL WILL NOT BE RESPONSIBLE IF YOU
DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE
OF THE SHAREMYDEAL.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 LOGIN, PASSWORD AND REGISTRATION.
4. Compliance with Laws and Regulations. You agree to comply with all applicable
laws, rules and regulations. You may participate in ShareMyDeal.com if and to the
extent that such participation is permitted by such laws, rules and regulations.
ShareMyDeal 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.
5. Proprietary Rights to Content. You acknowledge that ShareMyDeal.com content,
including but not limited to: text, sounds, photographs, graphics, or other
material contained in any ShareMyDeal.com communication, advertisements or
messages, whether by ShareMyDeal, ShareMyDeal.com or ShareMyDeal'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 ShareMyDeal, its advertisers and Affiliated Merchants, as the case
may be.
6. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds for
termination of your login, password and registration with ShareMyDeal.com.
(b) ShareMyDeal reserves the right to terminate your login, password and
registration, if your account is inactive for twenty-four (24) consecutive
months. An account shall be deemed and considered to be inactive if there has
not been any ShareMyDeal Cash-Back earning activity.
(c) You may terminate your login, password and registration at any time by
sending an email to our 24 Hour Customer Service.
(d) If your login, password and registration with ShareMyDeal.com is
terminated for any reason, either by you or by ShareMyDeal, you shall forfeit any
and all earned ShareMyDeal Cash-Back in your account.
7. Notice. All ShareMyDeal notices will be given by email, postal mail, or by
general posting to the ShareMyDeal.com website.
8. Waiver. ShareMyDeal's failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision.
9. Choice of Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois, without reference to
conflicts of law rules, and you consent to exclusive jurisdiction and venue in
the courts located in Winnebago County, Illinois for all matters in connection
with this Agreement or your use of ShareMyDeal.com.
10. ShareMyDeal reserves the right to terminate your login, password and
registration, if your account has been associated with any legally questionable
activity.
11. Severability of Provisions. Any provision (or part thereof) of this
Agreement which is found to be invalid, prohibited, or unenforceable, shall be
ineffective only to the extent of such prohibition and unenforceable, without
invalidating the remainder of the provision or the remaining provisions hereof.
To the extent permitted by the applicable law, each of the parties hereto hereby
waives any provision of law which prohibits or renders unenforceable any
provisions hereof in any respect.
[User Agreement last updated 11/01/2008]