best.ShePays Terms and Conditions

Please read these Terms and Conditions ("Terms and Conditions" or "Agreement") carefully. This agreement affects your rights.

best.ShePays ("best.ShePays" or "we") provides shopping programs ("Programs") through https://best.ShePays.com/ and related mobile and software applications ("best.ShePays Properties") under these Terms and Conditions.

This Agreement constitutes a legally binding contract between each individual who enrolls in any of the Programs ("Member") or uses any of the best.ShePays Properties. By becoming a Member or using any of the best.ShePays Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USING THE PROGRAM(S) AND TERMINATE YOUR ACCOUNT.

NOTICE REGARDING DISPUTE RESOLUTION: THIS AGREEMENT INCLUDES PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND best.ShePays WILL BE RESOLVED. YOU AGREE TO MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION/JURY TRIAL WAIVER, AS DETAILED IN SECTION 4 BELOW, TO RESOLVE ANY DISPUTES, EXCEPT THOSE MATTERS THAT MAY BE RESOLVED IN SMALL-CLAIMS COURT AS SPECIFIED IN SECTION 23.2.

1. CHANGES TO THE TERMS AND CONDITIONS

1.1- best.ShePays reserves the right to modify, update, add to, discontinue, or change these Terms and Conditions at any time. Each modification will take effect immediately upon notification to you. best.ShePays may notify you of changes via website announcements, email, text messages, in-app notifications, or other reasonable methods.

1.2- Continued use of best.ShePays properties following notification constitutes acceptance of the modified Terms and Conditions. If you do not agree with any modification, your only remedy is to terminate your account by updating your privacy preferences. The most current version of these Terms and Conditions will always be available on our website and will supersede any prior versions.

2. PROGRAM ACCOUNT

2.1- Our Programs are available only to residents of the 50 United States and Washington D.C. To become a Member, you must be at least 18 years old and provide your email and password to create your best.ShePays Program account ("Account"). Each individual is limited to one Account. To redeem certain offers, promotions, and services, you may be asked to provide additional information. Any information you submit may be used across our other Programs, including saved payment card information. All collected information is subject to our Privacy Policy, incorporated by reference.

3. INFORMAL DISPUTE RESOLUTION

3.1- We aim to resolve your concerns informally. Before filing a formal legal claim against best.ShePays, you agree to attempt resolving the dispute by submitting a request through our Member Services page, selecting "It's something else" under Topics. We will try to resolve the issue by contacting you via email. If the dispute remains unresolved after 30 days, you or best.ShePays may then pursue a formal claim.

4. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

4.1- You and best.ShePays agrees to arbitrate any and all disputes, claims, or controversies arising from or relating to this Agreement, best.ShePays's business, the Programs, or the best.ShePays Properties, including claims that arise after termination of this Agreement. This includes any claims against the best.ShePays's employees, agents, or subsidiaries. Arbitration is a less formal method of dispute resolution, using a neutral arbitrator instead of a judge or jury, with limited court review.

4.2- Any disputes about the arbitrability of a claim (such as scope, interpretation, applicability, or enforceability of this Agreement) will be decided by the arbitrator. The U.S. Federal Arbitration Act and federal arbitration law will govern the interpretation and enforcement of this arbitration agreement.

4.3- CLASS ACTION WAIVER: YOU AND best.ShePays AGREE TO WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION. YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CONSOLIDATED PROCEEDING. The arbitrator cannot consolidate or join another person's claims with yours. If the class action waiver is deemed unenforceable, the entire arbitration provision will be null and void.

4.4- To the extent allowed by local law, arbitration will be administered by JAMS following its Comprehensive Arbitration Rules and Procedures, or its Streamlined Arbitration Rules and Procedures. If your claim is under $10,000, best.ShePays will reimburse filing and arbitrator fees unless the arbitrator finds your claim frivolous. The exclusive venue for disputes is in San Francisco County, California.

4.5- If best.ShePays makes material changes to this arbitration provision, you may reject the changes by notifying us in writing within 30 days of the change, mailed to: [email protected]. However, rejection of changes does not affect prior arbitration provisions to which you have already agreed.

4.6- You may opt out of this arbitration agreement by sending written notice to best.ShePays Legal within 30 days of enrolling as a Member or first accessing best.ShePays properties.

4.7- Arbitration awards may be enforced in a court with jurisdiction, or an application may be made for judicial acceptance and enforcement of the award.

5. PROGRAM LICENSE

5.1- Subject to this Agreement, best.ShePays grants you a non-exclusive, non-transferable license (without the right to sublicense) to access and use best.ShePays Properties for personal use within the Program(s). No other rights or licenses are granted except those explicitly outlined in this Agreement. best.ShePays reserves the right to change, upgrade, or discontinue any Program, feature, or aspect of the best.ShePays Properties at any time without notice. All rights not expressly granted are reserved by best.ShePays or its licensors.

6. PROGRAM RESTRICTIONS

6.1- You agree that you will not, and will not allow others to:

(i) damage, interfere with, or unreasonably overload the best.ShePays Properties;

(ii) introduce any code into the best.ShePays Properties intended to disrupt the Program;

(iii) alter or delete any information, data, text, links, images, software, chat, communications, and other content available through the best.ShePays Properties (collectively referred to as "Content");

(iv) access the Program or the best.ShePays Properties using expert systems, electronic agents, "bots," or any other automated means, or frame the Program or the best.ShePays Properties within any applications;

(v) use scripts or disguised redirects to gain financial benefit from the best.ShePays;

(vi) modify, reverse engineer, decompile, copy, or otherwise derive the source code of any best.ShePays Property for any purpose;

(vii) rent, sell, or sublicense any of the best.ShePays Properties;

(viii) provide unauthorized third parties with access to the Program;

(ix) access or attempt to access confidential Content through the best.ShePays properties or try to bypass any security, Content protection, or authentication measures related to the best.ShePays properties;

(x) interfere with the operation of the Program, including, but not limited to, distributing unsolicited advertising or mail messages and propagating computer worms or viruses;

(xi) post any material in any form on the best.ShePays Properties or within the Program that is defamatory, obscene, unlawful, or violates any third party's right to privacy or publicity;

(xii) infringe on any third party's patent, copyright, service mark, trademark, or other intellectual property rights, or misappropriate the trade secrets of any third party in connection with your use of the Program or the best.ShePays Properties;

(xiii) engage in any activity that does not comply with applicable laws and regulations, or otherwise partake in any illegal, manipulative, or misleading activities through the use of the Program;

(xiv) use manual or automated software, devices, or other processes to "scrape," "crawl," "spider," or index any page of Content from the best.ShePays Properties;

(xv) attack the best.ShePays Properties via denial-of-service attacks, distributed denial-of-service attacks, flooding, mailbombing, or crashing; or

(xvi) otherwise attempt to interfere with the proper functioning of the best.ShePays Properties.

7. PROGRAMS

7.1- Cash Back

We provide Members the opportunity to earn cash back ("Cash Back") on purchases made through best.ShePays properties. best.ShePays receives compensation for referring buyers to participating retailers, brands, merchants, and other partners in this Program ("Affiliate Stores"). A portion of this fee is given to Members as Cash Back. The compensation received by best.ShePays may influence which retailers and products appear on our site, their placement, and how we promote them to you. Participation in this Program and the opportunity to earn Cash Back is solely at our discretion of best.ShePays and contingent upon your compliance with this Agreement.

(a) Online Cash Back

To earn Cash Back online, you must register for an Account, be signed in to one of the best.ShePays Properties, use the shopping links within the best.ShePays Properties, and complete your purchase transaction during the same shopping session initiated after clicking on the shopping link. If you visit other sites before finalizing your purchase or use coupons not provided by best.ShePays, your purchase may be linked to a service other than the best.ShePays and you may not earn Cash Back. If you disable "cookies" on your computer, preventing them from functioning during your purchase transaction, you will not be able to earn Cash Back, as cookies are used to authenticate users and verify which Member Account is eligible for the Cash Back.

(b) In-Store Cash Back

The best.ShePays may also offer you the chance to earn Cash Back on in-store purchases ("In-Store Cash Back") at certain physical Affiliate Store locations. To qualify for In-Store Cash Back, you must link your payment card to an "in-store" offer ("Card Linked Offer") and subsequently use that payment card to complete the purchase transaction per the terms of the Card Linked Offer. The In-Store Cash Back Terms & Conditions and the specific terms accompanying each Card Linked Offer will govern how In-Store Cash Back is earned and paid, to the extent that they differ from this Agreement.

7.2- best.ShePays APPLICATIONS

best.ShePays may offer software applications ("best.ShePays Applications") to enable you to access our Programs without visiting the website. The best.ShePays Applications include our mobile app and browser extension, which are included in all references to the best.ShePays Properties in this Agreement.

(a) Cash Back Shopping with best.ShePays Applications

When you interact with the best.ShePays Applications, we will collect information about the coupons, deals, merchants, products, and offers you click on. Additionally, the best.ShePays Applications may alert you to deals or offers you previously selected but have not yet purchased at an Affiliate Store site. The applications may also gather information about your shopping behavior during your browser session for internal testing purposes. This information will include the date and time of use, browser type, browser version, device type, URLs of visited web pages, general details about the visited pages, product searches, product search results, items added to the cart, and other relevant product information. The best.ShePays may collect this information from certain merchants, though not all Affiliate Stores. The best.ShePays Applications will also collect and utilize data from order confirmation pages, including order contents and totals, to expedite and reliably confirm your Cash Back ("Instant Cash Back"). Instant Cash Back may not be available at all Affiliate Stores. We do not intentionally collect or utilize other information that may appear on an Affiliate Store's order confirmation page, such as your address or partial payment details, although this information may be incidentally captured if displayed by the Affiliate Store. Any data collected by the best.ShePays Applications will be used, stored, and/or disclosed in accordance with our Privacy Policy. You can stop all data collection by the best.ShePays Application by uninstalling it.

(b) Cash Back Shopping with the Browser Extension

The Browser Extension enhances your shopping experience with best.ShePays by presenting relevant offers and references displayed in your browser. If you choose to install the Browser Extension, it will display Cash Back shopping opportunities and prompt you to start your Cash Back shopping session via best.ShePays. The Browser Extension will notify you of coupon opportunities and deals or offers available through best.ShePays related to products or brands in your search results or on other pages you visit online. If you initiate a shopping session using the Browser Extension, it will set a cookie (or other similar tracking technologies) on your device through our affiliate network to track your shopping session and credit your Cash Back reward, just as if you had started your shopping experience via our links to Affiliate Store sites on best.ShePays. Please note that if cookies or similar tracking devices from other affiliate marketing companies related to that Affiliate Store are already present on your computer, the Browser Extension will not overwrite those cookies or shopping sessions automatically but may still allow you to initiate a Cash Back shopping session when you arrive at an Affiliate Store's website.

(c) Browser Extension Features

The Browser Extension includes functionalities that do not rely on your interaction with it. By installing the Browser Extension, you enable best.ShePays to automatically collect information about the pages you visit so we can provide relevant offers, such as when coupons are available at a merchant or when Cash Back and/or coupons are offered by our Affiliate Stores. The Browser Extension will also gather data on the results pages of any searches you conduct to surface offers and deals where relevant (for example, displaying a Cash Back offer in search engine results related to your queries or dining offers on restaurant review websites).

(d) Autofill

When you make a purchase at an Affiliate Store through the best.ShePays mobile app, we may provide the option to store your billing and payment information from your order confirmation page for future use in subsequent purchases or Program experiences ("Autofill Profile"). You can update or delete the information in your Autofill Profile at any time by navigating to best.ShePays Autofill from the My Account section of the best.ShePays mobile app. Autofill may not be available at all Affiliate Stores.

(e) Your Choices with best.ShePays Applications

You can disable certain features of the best.ShePays Applications by adjusting the settings within the application or on your device or browser settings. When using our mobile application, you can configure your preferences for receiving push notifications and other mobile alerts in your device's settings.

(f) Export Control of best.ShePays Applications

best.ShePays Applications and their underlying information and technology may not be exported or re-exported to any country subject to U.S. export restrictions, including embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list of export restrictions, and that you will comply with all applicable export control laws.

8. CASHBACK EXCLUSIONS

8.1- CashBack is earned on your net purchase amount, excluding taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases made with gift cards may not qualify for Cash Back if excluded from the terms of the offer from an Affiliate Store. Cash Back amounts vary by Affiliate Store and product category and may include exclusions as stated in the terms of the offer and on the applicable store page. Please review these terms carefully.

9. STORE POLICIES

9.1- A product purchased from any Affiliate Store, whether online or in-store, is governed by and subject to the applicable policies of that Affiliate Store, including its exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control. Consequently, your participation in offers or promotions, or correspondence with any Affiliate Store, is solely between you and that Affiliate Store. We do not assume any liability, obligation, or responsibility for any part of such correspondence, offers, or promotions, including, but not limited to, the withdrawal or modification of any such offer or promotion. The best.ShePays is not responsible for any changes to or discontinuation of any Affiliate Store, nor for any Affiliate Store's withdrawal from the Program, or for any effects on the accrual of Cash Back caused by such changes, discontinuance, or withdrawal.

10. BONUSES AND OTHER REWARDS

10.1 best.ShePays periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. Participation in our Refer-A-Friend Program or Welcome Bonus Program is subject, as applicable, to our Referral Program Terms or Welcome Bonus Program Terms. To be eligible for bonuses and other rewards offered by best.ShePays, you, and any applicable participants must be located in and residents of the 50 United States or Washington D.C. Bonus offers cannot be stacked. The terms and conditions accompanying such offers will govern how they are earned and paid if they differ from this Agreement. All bonuses and rewards are subject to review. The best.ShePays reserves the right to withhold, deny, or cancel any bonuses and/or rewards and/or terminate your Account if best.ShePays, in its sole discretion, deems your redemption of any bonuses and/or rewards to be fraudulent as described further in Section 12.3 below, abusive, unethical, suspicious, or otherwise inconsistent with any terms and conditions accompanying any offer, this Agreement, or any other applicable law or regulation. best.ShePays's decisions are final.

11. PAYMENT OF CASHBACK AND OTHER REWARDS

11.1- Requirements
To receive accrued Cash Back or other rewards, you must: (i) establish and maintain an Active Account (as defined below); (ii) provide a valid email address that you own and can receive emails at; (iii) create a password to secure your Account; and (iv) provide your physical address. If you choose to receive payment via PayPal, you must provide a valid PayPal email address that is not linked to another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not reside in a country subject to economic or trade sanctions imposed by the U.S. State Department or the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). You must not be listed as a "Specially Designated National," a "Specially Designated Global Terrorist," a "Blocked Person," or any similar designation under the OFAC sanctions regime, nor reside outside the 50 United States or Washington D.C. You also agree to provide any additional information we may reasonably request to verify your identity as a prerequisite for receiving payment.

11.2- CashBack Payments
The minimum payment amount for Cash Back and other rewards in the Cash Back Program is $10.01. Balances below $10.01 will remain in your Account for potential payment in the next payment period. best.ShePays pays members in U.S. dollars via check, PayPal, or other payment options that best.ShePays may offer from time to time. Members can select or change their payment options in the account settings through the best.ShePays Properties. best.ShePays pays its Members' confirmed Cash Back and related rewards in accordance with the current payment schedule. Cash Back displayed in your account may include a mix of confirmed and pending amounts. Cash Back is only payable once it is confirmed. The rate at which Cash Back transitions from pending to confirmed may vary based on the Affiliate Store, the policies and reporting schedules of the Affiliate Stores, the nature of the purchased item(s), and other fraud risk factors. Typically, Cash Back for travel-related purchases will not be confirmed until after the travel has been completed. best.ShePays reserves the right to delay payment for any purchase based on suspicion or detection of fraud with your Account, incorrect attribution of your Cash Back rewards by an Affiliate Store, any anomalies detected in your account, or changes to Affiliate Store policies at any time. best.ShePays also reserves the right to modify the payment schedule at any time. best.ShePays is not liable for payments delivered to the wrong address due to no fault of best.ShePays or for payment errors made by payment partners like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to best.ShePays, the payment amount will be credited back to your Account, where it may incur inactive account maintenance charges as described in Section 12.2 below or be subject to state abandoned property law unless you take the appropriate steps to restore your Account to Active status.

11.3- Gift Cards
Occasionally, best.ShePays may offer gift cards as part of a promotion or as a redemption option for your Cash Back. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. best.ShePays is not responsible for lost or stolen payments, including gift cards. Gift cards issued for sign-up bonuses are in the form of physical gift cards, require a United States address, and are redeemable only within the United States (excluding U.S. territories).

11.4- Account Adjustments
At our sole discretion, we may deduct Cash Back from your account to adjust for returns and cancellations related to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable best.ShePays policies and terms, the terms of the Affiliate Store offer, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is in best.ShePays's sole discretion. If an Affiliate Store fails to report a transaction to best.ShePays or fails to make a payment to best.ShePays for any reason, best.ShePays reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to regularly check your Account to ensure that Cash Back has been accurately credited and that your Account balance is correct. If you believe that Cash Back has not been properly credited to your account, you must contact best.ShePays Member Services within ninety (90) days of the transaction. Additionally, best.ShePays may make account adjustments for any Cash Back that it deems, in its sole discretion, to be fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with the Referral Program Terms, this Agreement, or any other applicable law or regulation. best.ShePays's decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your only remedy is to terminate your account.

11.5- Taxes
You may be liable for taxes on bonuses and other compensation (merchandise, travel, etc.) received for member referrals or other promotional activities depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any tax liabilities arising from any consideration received in connection with member referrals or promotional activities.

12. ACCOUNT MAINTENANCE

12.1- Updating Your Account
You agree to keep your Account information current, complete, and accurate by periodically updating the information through the best.ShePays Properties. You must be logged in to best.ShePays and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the best.ShePays Properties. You will maintain the confidentiality of your Account information, including your username and password. Any use of your username and password will be considered your use and best.ShePays is entitled to act on instructions received under your password, without being responsible for any credits or debits made to your account by someone else who uses your password. If there is a security breach involving your Account, you must immediately change your password and notify us of the breach. Unless you promptly notify us of any such breach, we will assume that any instruction transmitted using your username and password is authorized by you, and we will have no obligation to investigate the propriety of such instructions.

12.2- Account Activity
An Active Account means you must have shopped or initiated a shopping trip via the best.ShePays Properties within the past twelve (12) months. Except where prohibited by applicable law, if you have not shopped or initiated a shopping trip via the best.ShePays Properties for more than twelve (12) consecutive months, best.ShePays reserves the right to deduct five dollars ($10.00) per month from your Account balance as a "Maintenance Fee" to recover the cost of account maintenance in its normal course of business until you reactivate your Account by shopping or initiating a shopping trip via the best.ShePays Properties or until your account balance reaches zero. If your account remains inactive for more than thirty-six (36) consecutive months and the balance in your inactive account is or becomes zero, best.ShePays reserves the right to permanently close the Account and cease maintaining your Account records and Program access. Maintenance Fees are nonrefundable, but will not result in your account balance becoming negative or create a debt to best.ShePays.

12.3- Fraudulent Activity
We reserve the right to investigate any purchase transactions, referral activities, or interactions with any best.ShePays Property that we suspect, at our sole discretion, is abusing or has abused the Program. We may rescind any Cash Back, bar further Cash Back awards and/or bonuses, and/or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, including, but not limited to, patterns of returning products after corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Multiple Accounts created under the Refer-A-Friend Program with the same name, name on orders, payment method on orders, address, email address, PayPal account, or other identifying features may be flagged as fraudulent referrals. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information provided to best.ShePays by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cash Back rewards. If best.ShePays suspects fraudulent activity associated with your Account, it reserves the right to delay or withhold payment of Cash Back. Any suspected or confirmed cases of fraudulent activity will be escalated and reviewed according to our fraud process. best.ShePays's decisions are final.

13. RECEIVING COMMUNICATIONS

13.1- By signing up to be a Member, you agree to receive communications and notices via electronic mail. Our communications may include account- and membership-related messages (e.g., notifications that we've added money to your account, that a purchase has been made, that we are mailing you a check on a certain date, etc.) as well as periodic shopping-related emails highlighting coupons and special deals available to best.ShePays Members. We may communicate with you regarding the Program through electronic mail or direct mail using the information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us updated with your current email address if it changes after you become a Member. We may also send you push notifications if you install the mobile application. If you provide us with a mobile number, we may use it to contact you about account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.

14. COMPANY APPLICATIONS

14.1- best.ShePays may make available software applications ("Company Applications") to allow you to access our Programs without visiting www.best.ShePays.com. For purposes of this Agreement, references to Company Properties shall include Company Applications. Company Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has export restrictions, including U.S. embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list of export restrictions, and that you will otherwise comply with all applicable export control laws.

15. THIRD-PARTY PLATFORMS

15.1- When you access or use the Company Properties, we may make available services from one or more third parties ("Third-Party Platforms"). The Company Properties support Third-Party Platforms, including Apple, Facebook, and Google, to facilitate your ability to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties ("Third-Party Terms").

16. YOUR FEEDBACK

16.1- You may be invited to provide us feedback, comments, ideas, suggestions, reviews, and other information about our Programs ("Feedback") through the best.ShePays Properties, through our member services, or through one of our service providers. You hereby grant to best.ShePays and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.

17. COMMUNITY STANDARDS

17.1- By participating in the Program, you become a Member of a community that relies on the goodwill and responsible behavior of each Member. Members are required to refrain from transmitting or communicating images or text that constitutes ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, directed at the Program, the best.ShePays Properties, our employees, contractors, agents, our Affiliate Stores, or other Members. This includes communications made through social media or other Internet posts that violate these community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us at our sole discretion, may have their access to the Program suspended or terminated without prior notice.

18. OWNERSHIP

18.1- All rights, title, and interest in the Program, the best.ShePays Properties and the Content belong to best.ShePays or its licensors. Additionally, best.ShePays shall maintain all rights, title, and interest in the "best.ShePays" mark, the "Ebates" mark, the best.ShePays logo, the Ebates logo, and any other marks, service marks, trademarks, or logos of best.ShePays and its affiliates ("best.ShePays Marks"). The best.ShePays Marks may not be used in connection with any product or service that is not best.ShePays's or in any manner likely to cause confusion among customers, or in any manner that disparages or discredits best.ShePays or implies a partnership, sponsorship, or endorsement by best.ShePays. You shall not bid on any keywords with any search engine containing "best.ShePays," "Ebates," or anything substantially similar to "best.ShePays," "Ebates," "Buy.com," or any other best.ShePays Mark, including, without limitation, best.ShePays.com, best.ShePays.ca, Ebates.com, Buy.com, BFAds.net, or Ebates.ca. You shall not mention or use best.ShePays in any ad text, extensions, or banner ads without the express written consent of best.ShePays. All other trademarks not owned by best.ShePays that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by best.ShePays.

19. INDEMNIFICATION

19.1- You agree to indemnify best.ShePays, our Affiliate Stores, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses, and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, at our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

20. WARRANTY DISCLAIMER

20.1- THE PROGRAM, CONTENT, AND THE COMPANY PROPERTIES ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR VALIDITY OF THE PROGRAMS, CONTENT, OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, AUTOFILL, INSTANT CASH BACK, PRICING INFORMATION, ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. IN ADDITION, WE MAKE NO WARRANTY AS TO PRODUCT AVAILABILITY, INCLUDING THE AVAILABILITY OF PRODUCT FEATURES AND FUNCTIONALITY SUCH AS COMMERCE CAPTURE, AUTOFILL, AND TARGETED MARKETING AND PERSONALIZATION, WHICH AVAILABILITY MAY VARY BASED ON YOUR CASH BACK EXPERIENCE. best.ShePays DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, best.ShePays DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS.

21. LIMITATION OF LIABILITY

21.1- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL best.ShePays BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT best.ShePays'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

22. TERMINATION OR SUSPENSION

22.1- This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account's Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the Program at any time, for any reason or no reason, including if your Account remains inactive as per Section 12.2. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, at our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change, or limit access to all or any part of the Program or any functionality, feature, or other component of any best.ShePays Property. You agree that best.ShePays will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of best.ShePays Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program by terminating your Account through your Account's Privacy Preferences. Upon any termination of the Program, your right to use and access the Program, and the best.ShePays Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either your or our remedies at law or in equity.

23. GENERAL PROVISIONS

23.1- Entire Agreement. These Terms and Conditions constitute the entire agreement between you and best.ShePays and governs your use of the Program or best.ShePays Properties, superseding any prior agreements between you and best.ShePays with respect to the Program or best.ShePays Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements, or agreements made or entered into elsewhere, whether directly or indirectly, written or oral, or in advertising, are not binding toward best.ShePays unless expressly confirmed in writing by best.ShePays to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other best.ShePays services, best.ShePays affiliate services, third-party content, or third-party software.

23.2- Choice of Law and Venue. The validity, construction, and interpretation of this Agreement and the relationship between you and best.ShePays, including the rights and duties of the parties, will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in San Francisco County, California.

23.3- Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

23.4- Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.

23.5- Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. best.ShePays has the right to transfer, assign, or otherwise dispose of these Terms and Conditions without your consent.

Contact Us

For any questions regarding this Privacy Policy, please contact us via our support page or by mail at: [email protected].

Last Updated: 29th September, 2024