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Terms and Conditions

Terms and Conditions

of bUnited Membership

This Membership Agreement sets forth the terms for your participation in the Membership Service as a Member of bUnited. Your Membership and continued participation in bUnited’s program of benefits is conditioned on your acceptance of this Agreement.

Summary

bUnited is enabling its Members and businesses to interact in a more effective way using massive group negotiating ability. All benefits that accrue to You are subject to specific terms and conditions which are detailed in this Agreement, in the Membership Agreement, and the Privacy Policy. In order to be a Member of bUnited and to accrue any benefits, you must agree to the Privacy Policy, and this Membership Agreement. Due to the dynamic and evolutionary nature of the bUnited service, bUnited reserves the right to alter the terms and conditions of the Membership service, the Membership Agreement, and the Privacy Policy. In addition, specific features of bUnited Membership, such as the rates at which benefits accrue, the amounts thereof, and any restrictions that may surround them may vary from country to country and will change from time to time. Members will be provided with notice prior to such changes and You will be required to agree to those changes as a condition of ongoing Membership and receipt of future benefits. You should carefully read and understand these terms and conditions, including the applicable Privacy Policy, before joining bUnited.

IMPORTANT NOTICE: These terms may vary from the terms in effect when you initially expressed interest in bUnited or the Membership Service. These terms supersede any prior advertisements, agreements or communications, including any previously dated Membership Agreement, between You and bUnited.

PLEASE READ THE ENTIRE MEMBERSHIP AGREEMENT SET OUT IN THE PAGES BELOW AND OUR PRIVACY POLICY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS MEMBERSHIP AGREEMENT INCLUDING OUR PRIVACY-RELATED PRACTICES, BUNITED CANNOT LET YOU JOIN OR CONTINUE THE MEMBERSHIP SERVICE. BUNITED AT ITS SOLE DISCRETION AND FOR ANY OR NO REASON MAY REFUSE TO ACCEPT APPLICATIONS FOR MEMBERSHIP AND REQUESTS TO USE THE MEMBERSHIP SERVICE. THIS MEMBERSHIP AGREEMENT IS AN AT-WILL AGREEMENT MEANING THAT EITHER PARTY MAY TERMINATE OR END THE RELATIONSHIP, INCLUDING ANY RIGHTS, DUTIES OR OBLIGATIONS AT ANY TIME AND FOR ANY REASON OR NO REASON UPON NOTICE AS SET FORTH HEREIN.

AGE RESTRICTIONS

If you are under 18 years old and live in the United States, under 20 years old and live in Japan, or under 18 years old and live in any country other than the United States or Japan, you need to obtain the consent of your parent(s) or guardian(s) before applying for the Membership Service and before joining bUnited.

This Membership Agreement is between You and bUnited Inc. ("bUnited "). If You do not agree to all the terms and conditions of this Membership Agreement including our Privacy Policy and the Official Rules, if applicable to You, bUnited is unwilling to offer to You the Membership Service. You should click on the "I Decline" button if You wish to indicate that You do not accept or agree to the terms and conditions of this Membership Agreement and choose not to participate in the Membership Service.

Index to This Agreement:

A. Basic Requirements for Membership in the Membership Service

B. Your Relationship with BUNITED

C. Accrual of Benefits.

D. Your Relationship with bUnited Partners

E. Our Privacy-related Practices

F. Updates to This Agreement

G. Disclaimer of Warranties

H. Limitation of Liability

I. Force Majeure

J. Cancellation and Termination of Membership

K. Governing Law and Other Terms

L. Contacting Us

 

A. Basic Requirements for Membership.

To obtain and maintain your Membership and participation in the Membership Service, You must continuously meet the following requirements and bUnited reserves the right to terminate your Membership if You fail to meet or comply with the requirements contained in the Membership Agreement in addition to the following conditions:

Provide Accurate Information. You must provide bUnited with valid, complete, and accurate name, postal code and country of residence, gender and email information and may not impersonate another person or misrepresent any information. You agree to promptly update all such information should it change, or provide additional information should it be required by bUnited for legitimate tax-related purposes or any other reason arising from applicable law.

Accounts Not Currently Transferable; Passwords. Your password and account are personal to You and are currently not transferable. You may not allow anyone else to use your password or account. You may not use any other person’s password or account to accrue monies, shares, or other benefits, and you may not receive monies, shares, or other benefits for actions undertaken through any other person’s account. You are responsible for keeping your password secret, and You are responsible for any activity engaged by any person using your password, membership ID, Membership, or account. bUnited is not liable for any loss or damage caused by any disclosure of your password or account. You may only create an account for yourself and may not establish an account on behalf of anyone else. bUnited reserves the right to establish a process for transferring accounts to other parties, but is under no obligation to do so and may modify any such process and/or terminate such a program at any point in its sole discretion.

Comply with Laws and bUnited Policies and Rules. You agree to comply with all of your local, state, province, country or regional legal restrictions that may be applicable to your Membership or participation in the Membership Service. Further, You agree to abide by all stated policies and rules of bUnited relating to your conduct as a Member, including but not limited to, our anti-spam policy, our trademark and license usage policy, our member referral policy, and any other applicable rules, laws, or regulations. You agree that bUnited may amend its policies from time to time.

B. Your Relationship to bUnited.

Your relationship to bUnited is as a member of the bUnited community. No employee-employer relationship is created by your Membership and use of the Membership Service. You have no obligation to participate in any activity offered by bUnited. You do not have any obligation to refer new members to bUnited. BUNITED HAS NO OBLIGATION TO OFFER THE MEMBERSHIP SERVICE OR OTHER PROMOTIONS TO YOU. EITHER PARTY MAY TERMINATE THE RELATIONSHIP FOR ANY REASON OR NO REASON AS SET FORTH HEREIN.

C. Accrual of Benefits.

You are able to receive two basic kinds of benefits from bUnited. One will be offered by bUnited partner entities which will offer products and services to bUnited Members at reduced prices (as well as special services). These benefits you will accrue when you decide to take advantage of them during the time period they are offered. You will also cause global benefits through our Global Initiatives. You will receive all benefits under the terms and conditions to be decided and published by bUnited in the future. bUnited may also institute future benefits which will also be available under the terms and conditions that bUnited decides at those times. At times, some or all of any benefit, discount or refund earned by you, may be coming entirely from bUnited and not from the partner entities listed.

D. Your Relationship with bUnited Partners.

Your relationship with merchants, advertisers or other third party businesses displayed on or linked to any of our Websites or the Membership, including 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 merchant, advertiser or third party business.

Should any discount or refund come directly from bUnited, such amount shall be paid on the terms described in the offer. Any discount or refund or Global Initiative may be suspended or discontinued by bUnited at any time. Any amount owed above threshold at such time of suspension or discontinuance shall be paid out to members.

E. Our Privacy-related Practices.

Disclosures of Your Information. We do not give, sell, rent, share, or trade any identifiable personal information regarding our members to any third party, with the exception of third-party contractors or service providers, check printers and fulfillment agencies, who work with bUnited to provide the Membership Service and who are contractually prohibited from other use of the information. In addition, We may disclose non-personally identifiable or identifying information about You to customers, partners, or other third parties in order to negotiate with third parties for Member benefits, and You authorize bUnited to use or disclose such information in accordance with the terms of this Agreement. We can -- and you authorize us to -- disclose your personal information to law enforcement officials when required to do so by law or when We believe in good faith that it is necessary for compliance with a legal obligation. As a matter of policy We intend to oppose non-governmental third party efforts to obtain by subpoena or other legal process any personal information about our members.

bUnited and Its Service Providers and Partners. All information collected as a result of your subscription to the Membership Service and participation in the bUnited community ("Membership") will be initially controlled by bUnited. You agree that bUnited may transfer or share your information within and among bUnited, its subsidiaries, and its authorized agents or service providers as part of your Membership and this Membership Agreement. bUnited will only transfer or share information for purposes identified in this Membership Agreement, the Membership Agreement, and/or the Privacy Policy, and at all times bUnited will follow its privacy-related practices to ensure the security and confidentiality of your personal information.

International Transfers. bUnited does and will operate data centers in different parts of the world, including the United States. Therefore, You agree that your information, including your Personal Data, will be transferred to bUnited facilities in the United States. However, bUnited may perform some of its data processing outside of the United States. To do this, You agree that bUnited may transfer your information, including but not limited to your Personal Data, for processing in other countries. The laws that protect information vary among the United States and other countries, particularly the member states of the European Union, where data protection laws may be more stringent. bUnited will protect your information wherever We process or store it by adhering to its privacy-related practices and by complying with applicable data protection laws. You hereby give your consent to such transfers of your information, including your Personal Data, as set forth in this Membership Agreement.

F. Updates to The Membership Agreement.

You agree that bUnited may revise these terms from time to time. We will notify You of such revisions and provide You with the opportunity to review such revisions and to either accept or decline to accept the updated Membership Agreement. If You decline to accept the updated Membership Agreement, We shall terminate your Membership and cancel your participation in the Membership Service effective on the date that You decline to accept the updated Membership Agreement or if We have a deadline to accept or decline and You choose neither We may also terminate your Membership. If You neither accept or decline to accept, your failure to respond and continued participation in the Membership Service will be considered as consent to, and acceptance of, the modified terms.

G. Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF ANY BUNITED WEBSITE, THE MEMBERSHIP SERVICE, AND MEMBERSHIP IS AT YOUR SOLE RISK. THE MEMBERSHIP SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

H. Limitation of Liability.

SINCE MEMBERSHIP IS FREE, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER BUNITED NOR ANY OF ITS MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE MEMBERSHIP SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY COSTS INCURRED BY A MEMBER IN ATTEMPTING TO OBTAIN REFERRALS, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ANY BUNITED WEB SITE OR THE MEMBERSHIP SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS PROHIBITED BY LAW IN YOUR COUNTRY OR JURISDICTION, IN NO EVENT WILL BUNITED’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS MEMBERSHIP AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE NUMBER OF HOURS THAT YOU PERSONALLY SPENT ACTIVELY SURFING DURING THE IMMEDIATELY PRECEDING TWO MONTHS, MULTIPLIED BY THE MAXIMUM HOURLY PAYOUT RATE PUBLISHED BY BUNITED FOR THE MEMBERSHIP SERVICE DURING THAT SAME PERIOD.

I. Force Majeure.

Neither party will be in default or otherwise liable for any delay or failure in its performance under this Membership Agreement where such delay or failure arises by reason of an Act of God, or any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the control of such party.

J. Cancellation and Termination of Membership.

Either Party May Cancel at Any Time. THIS MEMBERSHIP AGREEMENT IS AN AT-WILL AGREEMENT MEANING THAT EITHER PARTY MAY TERMINATE OR END THE RELATIONSHIP, INCLUDING ANY RIGHTS, DUTIES OR OBLIGATIONS AT ANY TIME AND FOR ANY REASON OR NO REASON UPON NOTICE AS SET FORTH HEREIN. You may terminate your Membership, your participation in the Membership Service and this Membership Agreement at any time without prior notice by notifying bUnited at help@bUnited.com. If You later wish to re-enroll, You will be assigned a new account number, You may have to wait for activation of the Membership Service along with other new members, and You will not receive any credit for referrals made using your previous account. You agree that bUnited may terminate this Membership Agreement upon reasonable notice for any reason or no reason.

Termination of Your Account For Cause. To the full extent allowed by applicable law, bUnited may suspend or terminate your Membership without prior notice for cause, particularly including, but not limited to: (a) any material violation of any provision of this Membership Agreement, including any misrepresentation of your name, residence address, email address or other required information; (b) Tampering, or otherwise aiding in or promoting circumvention of the Membership Service; (c) acting against the business interests or reputation of bUnited despite a written warning; (d) otherwise acting in violation of applicable law in any manner related to the terms and conditions of this Membership Agreement or bUnited, the bUnited Web sites, or the Membership Service, or any content provider to the Web site or Membership Service; (e) material breach of our spamming policy; or (f) any other reason which in the discretion of bUnited is contrary to the interests of the bUnited community.

Re-enrollment. If your account is terminated by bUnited for any reason, You may not re-enroll or join under a new account unless formally invited to do so by bUnited.

Account Credits. Upon termination of your account for any reason, including your decision to terminate this Membership Agreement for any reason, any account credits or other accrued benefits in your account will be deemed "unearned" and will be forfeited. You agree that all amounts credited to your account that are earned in violation, or after violation, of this Membership Agreement or are otherwise unlawfully obtained by You are null and void. Similarly, bUnited will have no obligation to pay You for amounts credited to your account that are earned in violation, or after violation, of this Membership Agreement by your Direct Referrals or Extended Referrals.

K. Governing Law and Other Terms.

Any action related to this Membership Agreement will be governed by the laws of the state of California, USA, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. ANY ACTION RELATING TO THIS MEMBERSHIP AGREEMENT SHALL BE BROUGHT IN THE COURTS OF the State of California, USA AND YOU HEREBY SUBMIT TO THE JURISDICTION AND VENUE THEREOF. You agree to comply with the laws of your country as they may apply to your Membership and the use of this Membership Service and the compensation or benefits You may receive. If the laws of your country, state, or province of residence prohibit or limit your participation in this Membership Service, then You are responsible for complying with such laws and You agree to indemnify bUnited against any breach by You.

If any part of this Membership 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 Membership Agreement is personal to You and You may not transfer, delegate, or assign this Membership Agreement. bUnited may assign this Agreement at its sole discretion.

This Membership Agreement, in conjunction with the Membership Agreement and Privacy Policy, constitutes the entire agreement between You and bUnited in connection with the Membership Service and general membership in bUnited and supersedes all prior agreements between the parties regarding the subject matter contained herein.

L. Contacting Us.

If You have questions about the Membership Service or the Membership Agreement, please contact help@bUnited.com.