Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of FavoriteThingz.com This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member") you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing FavoriteThingz.com with your valid email address and a password in which to access your account. Participation in the Program and its benefits are offered at the discretion of FavoriteThingz.com, and FavoriteThingz.com has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
Please choose carefully the information you post on FavoriteThingz.com and that you provide to other Members. Your FavoriteThingz.com account may not include the following items: telephone numbers, street addresses, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other FavoriteThingz.com Members may contain inaccurate, inappropriate or offensive material, products or services and FavoriteThingz.com assumes no responsibility or liability for this material.
FavoriteThingz.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
ELIGIBILITY
1. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of FavoriteThingz.com.
2. The Program is only available via access to the FavoriteThingz.com Web site (http://www.FavoriteThingz.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. FavoriteThingz.com is not responsible for your inability to connect to the Internet, log into the FavoriteThingz.com Web site, or access your FavoriteThingz.com account.
3. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails. Refusal to abide by this or any other rules may result in FavoriteThingz.com stripping you of referrals and/or canceling your membership.
ACCRUAL OF DISCOUNTS
5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with FavoriteThingz.com (an "Affiliated Merchant"). The percentage will be enumerated on the FavoriteThingz.com Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with FavoriteThingz.com and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through FavoriteThingz.com Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a cash back reward if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the FavoriteThingz.com Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. 3) FavoriteThingz.com may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. 4) All purchases must be started and completed in one shopping session within the FavoriteThingz.com program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate. 5) Users must not use coupons. 6) Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase.
7. The determination of whether or not a purchase made through a FavoriteThingz.com Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of FavoriteThingz.com.
8. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by FavoriteThingz.com at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
10. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. FavoriteThingz.com may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
11. There are a number of purchases that are not eligible for accrual or payment of cash back rewards.
12. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your account you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact FavoriteThingz.com Customer Care. Furthermore, all cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by FavoriteThingz.com at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. FavoriteThingz.com reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.
13. FavoriteThingz.com is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. FavoriteThingz.com is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the FavoriteThingz.com site, we cannot guarantee that you will be eligible to receive a FavoriteThingz.com cash back reward on your purchases.
PAYMENT
14. You may request to redeem your earned commissions designated as "Available" in your account. To receive a commission payment of $10.00 or greater, you must have an account at PayPal. The payment will be distributed to the User within thirty (30) days of the User's request for payment. You are solely responsible for redeeming your commissions. There is no automatic or periodic redemption. If an error occurs in payment, FavoriteThingz.com Customer Service will assist members in determining the cause of any non-payment. If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued cash back rewards will be re-paid to you in full. However, FavoriteThingz.com is not responsible for any misapplied PayPal payments sent to the wrong address and subsequently cashed if these errors were caused by inaccurate email or contact information provided by the user. We are also not liable for errors made by PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
ACCOUNT ACCESS AND PASSWORD
15. Upon registration for the Program, you will select a password that will allow you to access your FavoriteThingz.com account (via the FavoriteThingz.com Web site).
16. You must be logged into FavoriteThingz.com and enter your password to change your account settings and payment preferences. You may check your account status and recent earning history at any time through the FavoriteThingz.com Website.
17. FavoriteThingz.com is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. FavoriteThingz.com is not responsible for any credits or debits made to your account by someone else who uses your password.
DISCLOSURE OF ACCOUNT INFORMATION
18. You authorize FavoriteThingz.com to only disclose to third parties information you have provided, or information that FavoriteThingz.com has obtained about your FavoriteThingz.com account or shopping behavior: (i) to agents and licensors of FavoriteThingz.com or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize FavoriteThingz.com to receive any account information from any Affiliate Merchant including, but not limited to information regarding purchase was made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to FavoriteThingz.com.
19. By signing up for membership at FavoriteThingz.com, you agree to receive communications that are account and membership related as well as periodic shopping-related emails that highlight coupons & special deals that are available to FavoriteThingz.com members. You can opt-out of receiving emails that are not account-related by either following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you can't unsubscribe from account information emails. We don't send account emails unnecessarily. These are not promotional emails, and are only used to notify you that we put money in your account and so forth. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you, you can close down your account by contacting customer service.
DISCLAIMER
20. THE FAVORITETHINGZ.COM PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAVORITETHINGZ.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, 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.
21. FAVORITETHINGZ.COM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH FAVORITETHINGZ.COM INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE FAVORITETHINGZ.COM WEB SITE, FAVORITETHINGZ.COM DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, FAVORITETHINGZ.COM DOES NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND FAVORITETHINGZ.COM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE CASH BACK REWARDS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
LIMITATION OF LIABILITY
22. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH FAVORITETHINGZ.COM HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF FAVORITETHINGZ.COM OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY FAVORITETHINGZ.COM. IN NO EVENT SHALL FAVORITETHINGZ.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: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY FAVORITETHINGZ.COM IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF FAVORITETHINGZ.COM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
MEMBER AGREES TO INDEMNIFY AND HOLD
23. FAVORITETHINGZ.COM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S 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.
TERMINATION OR CHANGES TO THE PROGRAM
24. FavoriteThingz.com reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Members to redeem cash back rewards in your account. Notification of Program termination will be sent to the email address you provide to FavoriteThingz.com during the registration process. FavoriteThingz.com will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of FavoriteThingz.com, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform FavoriteThingz.com of a change in your email address.
25. FavoriteThingz.com may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Member Agreement page of the FavoriteThingz.com Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
TERMINATION OF MEMBERSHIP
26. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of cash back rewards, or any misrepresentation of any information furnished to FavoriteThingz.com or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your FavoriteThingz.com account and/or forfeiture of your accrued cash back rewards. FavoriteThingz.com also reserves the right to close accounts that have been inactive for more than 12 months. We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any Dead Account will have all funds in it taken back by FavoriteThingz.com, and we will no longer allow user login under that username and password.
DISPUTES/ERRORS
27. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to FavoriteThingz.com at: FavoriteThingz.com, 1117 Sawgrass Corporate Parkway, Sunrise FL, 33323, or contact Customer Care. Any such disputes shall be resolved by FavoriteThingz.com at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of FavoriteThingz.com. In the event that an error is made by FavoriteThingz.com, your sole remedy shall be the credit of the disputed cash back reward to your FavoriteThingz.com account.
MISCELLANEOUS
28. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflicts of law rules. As a condition of the use of the FavoriteThingz.com website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward, Florida and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Broward. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. FavoriteThingz.com' failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between FavoriteThingz.com and the Affiliated Merchants or between FavoriteThingz.com and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on FavoriteThingz.com behalf. This Agreement constitutes the entire agreement between you and FavoriteThingz.com with respect to the Program.